Ohio Adm.Code 5180 | Ohio Administrative Code 5180 — Department of Children and Youth

Chapter 5180-8 Help Me Grow Program

Ohio Adm.Code 5180-8-01 Definitions.

(A) "Accreditation" means the process by which a local implementing agency reaches the quality standards set forth by the evidence -based model.

(B) "Affiliation" means a verified association with an evidence-based home visiting model, per model standards.

(C) "Assessment" means the ongoing procedures used by qualified personnel to assess a child and family's resources, strengths, priorities, needs risks, and concerns.

(D) "Caregiver" means a parent or relative who has assumed an active role in the health and welfare of a child eligible for home visiting services.

(E) "Centralized intake and referral contractor" means any entity who enters into agreement with the Ohio department of health to provide administration and oversight of central intake activities as specified in section 3701.611 of the Revised Code or its successor. At a minimum, these activities include public awareness, child find, maintaining central directories, and referral activity.

(F) "Consent" means that written permission is provided once an individual has been fully informed of all information relevant to the activity for which permission is sought. Consent is further voluntarily given and may be revoked at any time.

(G) "Contract manager" means the designated individual who is responsible for oversight and monitoring of central intake and referral activities as outlined in this rule and in agreements entered into with the department. The contract manager and the home visiting program manager may be the same person.

(H) "Department" means the Ohio department of health.

(I) "Director" means the director of health or authorized designee.

(J) "Evidence-based home visiting model" means utilizing a model that has been determined evidence-based by the Ohio department of health (ODH), and/or the office of planning, research, and evaluation in the administration for children and families, United States department of health and human services or its successor.

(K) "Exit" means a family is no longer receiving home visiting services due to one of the following:

(1) Ineligibility due to the age of the child or length of enrollment in the home visiting program, based on the fidelity standards of the evidence-based or promising-practice model implemented;

(2) Family has graduated from the program;

(3) Loss of contact with family;

(4) Family voluntarily withdraws from the program; or

(5) Family does not meet eligibility criteria.

(L) "Family" means an eligible expectant caregiver or parent or an eligible caregiver or parent with a child at or under twenty-four months of age at the time of enrollment.

(M) "Family goal plan" means a written plan focused on achieving accomplishments agreed upon by the family.

(N) "Federal poverty level" or "FPL" means the level of household income by family size as reported in the federal register by the United States department of health and human services, published on or before April first of each year.

(O) "Fidelity" means the extent to which each program or provider, as a whole, performs in accordance with established model standards and guidelines.

(P) "Financial solvency" means an entity's ability to pay their long-term debts including any associated interest. To be considered solvent, the value of a company's or individual's assets must be greater than the sum of their debt obligations.

(Q) "Home visit" means a completed activity where screening, assessment, family goal planning, the delivery of parenting education, or referral services were facilitated in alignment with the evidence-based or promising-practice model being implemented.

(R) "Home visiting" means an evidenced-based or promising-practice service that provides expectant parents and caregivers of eligible children, particularly those considered at-risk, the necessary resources and skills to raise children who are physically, socially, and emotionally healthy and ready to learn.

(S) "Home visitor" means the qualified individual who delivers services during home visits that align with an evidence-based or promising-practice home visiting model.

(T) "Home visiting program manager" means the qualified individual responsible for the day-to-day, oversight and management of the home visiting program. Responsibilities of role include maintaining compliance with home visiting statutes and rules, and may also include program planning, budgeting, staffing, training, quality assurance, and evaluation. This individual may also fill the role of contract manager and/or home visiting supervisor.

(U) "Home visiting provider" means any local implementing agency or entity which provides home visits through a contract, grant or other agreement with the department.

(V) "Home visiting supervisor" means the qualified individual who provides the supervision of services delivered by the home visitor.

(W) "Native language" means the language normally used by an individual or family. When used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, it means the mode of communication that is normally used by that individual, such as sign language, braille, or other communication.

(X) "Outcome" means a key measure as identified by a national or state funding organization or a evidence-based or promising-practice model.

(Y) "Parent" means an expectant caregiver or adult caregiver responsible for a child's health and well-being.

(Z) "Parenting education" means sharing age-appropriate child development information, coaching appropriate activities and behaviors, and answering questions about child development with a caregiver of a child.

(AA) "Personally identifiable information" means information which can identify an individual, including but not limited to: child's name; name of the child's parent or other family member; address of the child or child's family; a personal identifier, such as the child's or child's family member's social security number or identification number; a list of personal characteristics that would make the child's identity easily traceable; or other information that would make the child's or child's family members identity easily traceable.

(BB) "Primary referral sources" means those individuals or agencies making referrals to the centralized intake and referral system for any home visiting service. Sources may include, but are not limited to hospital personnel, physicians, parents, caregivers, child care programs, early learning programs, local education agencies and schools, public health facilities, early intervention professionals, other public health or social service agencies, other clinics and health care providers, public agencies and staff in the child welfare system, including child protective services and foster care, homeless family shelters, and domestic violence shelters and agencies.

(CC) "Privacy practices" means the procedural safeguards providers must implement and adhere to in order to safeguard personally identifiable information and to ensure program participants are advised of their rights.

(DD) "Program referral" means the activity of making an eligible family known from a centralized intake contractor to a home visiting provider for the purposes of initiating services.

(EE) "Promising-practice home visiting model" means a model, process, product, strategy, or practice that improves (or is expected to improve) significantly upon the outcomes reached with current/status quo options and that can ultimately reach widespread effective usage, and is recommended by the Ohio department of health or the Ohio home visiting consortium as specified in section 3701.611 of the Revised Code.

(FF) "Research-informed parenting curriculum" means an education tool approved by the Ohio department of health that is used with caregivers to educate on topics related to birth outcomes and/or parenting, in which research has demonstrated effectiveness for the purpose and goals of its use.

(GG) "Record" means a document, file, device, or item regardless of physical form or characteristic, including electronic format, created or received for an individual from system referral through program exit or transition.

(HH) "Screening tool" or "screening" means the administration of a department approved, evidenced-based, or research-informed instrument that informs the assessment and/or generates needed community-based referrals. Approved screening may include, however not be limited to those instruments that inform the areas of child development, social-emotional growth, parent/caregiver depression, intimate partner violence (domestic/sexual violence and coercion), chemical and tobacco use and home safety.

(II) "Sentinel event" means a critical incident where the safety of a child or caregiver receiving home visiting services becomes jeopardized. At a minimum, this includes a child or caregiver death, or serious abuse incidents that prompt child welfare investigation.

(JJ) "Statewide data system" means the data entry platform approved by the department for central intake and referral and home visiting related services.

(KK) "System referral" means the instance when a potentially eligible family is made known to a centralized intake contractor, with the following information: child's age; child's county of residence; parent or caregiver's first and last name; and telephone number; e-mail address; or mailing address.

(LL) "Transfer" means a change from one home visiting provider to another home visiting provider.

(MM) "Transition" means the family changes from one model or funding stream to another model or funding stream within the same home visiting provider agency.

Last updated July 21, 2026 at 1:17 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-02 Home visiting program eligibility.

(A) The centralized intake and referral contractor will contact every caregiver or parent referred to home visiting to determine if they are eligible or not eligible within thirty days of the program referral, in accordance with the following:

(1) Expectant families or caregivers of a child under the age of three whose family income is not in excess of two hundred per cent of the federal poverty level, unless approved by the department; and is in accordance with the fidelity standards for the home visiting model implemented, and meets any standards of the funding source used to provide services.

(2) Any family or caregiver referenced in paragraph (A) of this rule who is enrolled in home visiting services, may be served in accordance with the age specifications in section 3701.61 of the Revised Code, or exit the program in accordance with the fidelity standards for the home visiting model being implemented.

(3) A parent or caregiver who is actively working with child welfare to regain or obtain custody of their child, foster care families and kinship care families may receive services in accordance with the fidelity standards for the home visiting model being implemented.

(B) If, after thirty days, the centralized intake and referral contractor is not able to determine eligiblity, they will notifiy the home visiting provider to whom the family is referred. The home visiting provider will either confirm eligibility or exit the family from services.

(C) Families will remain eligible for home visiting services as long as the child defined in paragraph (A) of this rule has not reached the age of exit as specified in section 3701.61 of the Revised Code and enrollment in services does not end. Eligibility remains with the child if transferred to another provider. If a family exits the program, eligibility will be re-determined when a new referral is made in accordance with rule 3701-8-10 of the Administrative Code.

(D) When a family or caregiver is determined not eligible for home visiting services, the central intake and referral agency will submit a letter in person, by e-mail, or by post mail stating the reasons they did not qualify for home visiting, present other potential service options available, and the process for reconsideration. This communication will be sent to the family or caregiver within ten days of the decision.

(E) When a family or caregiver disagrees with the eligibility determination, the caregiver may request reconsideration of the decision by filing a written request with the director within thirty days of the date on the written notice. The request for reconsideration will contain a statement of the reasons the caregiver believes the decision is incorrect or inappropriate and may include any written documentation, argument, or other materials they wish to submit. The request is filed with the director when it is received by the department. The decision of the director will be final, and not subject to further administrative or judicial review.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-03 Standards and procedures for determining initial eligibility and expansion of home visiting providers.

(A) An entity who seeks to become a home visiting provider will complete and submit to the department a provider application using forms approved by the director. Applicant will also do the following:

(1) Submit documentation demonstrating the completion of the process to become a vendor with the state of Ohio as specified by the Ohio department of administrative services;

(2) Submit documentation demonstrating financial solvency; and

(3) Submit a letter of intent to affiliate, using a form approved by the director, which includes timelines to affiliate with and implement a model that has been determined evidence-based or a promising practice by the Ohio department of health, or the office of planning, research, and evaluation in the administration for children and families, United States department of health and human services or its successor.

(B) When the department determines an applicant has met the specifications set forth in this rule, the applicant will be notified in writing of approval or disapproval within forty-five days of the department receiving a completed application.

(1) Designate one individual as the program manager who is responsible for oversight and monitoring;

(2) Achieve affiliation with an evidence-based or promising practice model ;

(3) Serve directly or subcontract to serve all individuals determined eligible in accordance with rule 3701-8-02 of the Administrative Code. When subcontracting, provider will ensure that subcontractor meets compliance with all rules established within Chapter 3701-8 of the Administrative Code.

(D) A home visiting provider who seeks to add or change the evidence-based or promising-practice model they are implementing, or who seeks to expand services will complete and submit to the department an expansion application using a form approved by the director. If applicable, a letter of intent to affiliate will be submitted, using a form approved by the director, including timelines to affiliate with and implement an additional model that has been determined evidence-based or promising-practice by the Ohio department of health or the office of planning, research, and evaluation in the administration of child and families, United States department of health and human services or its successor.

(E) An applicant who is denied a provider agreement may request reconsideration of the application in accordance with the following procedures:

(1) Submit a written request for reconsideration to the department that includes any written materials the applicant wishes to be considered so that they are received by the department no later than thirty days after the date on the notice of disapproval issued under this paragraph.

(2) The decision of the director under this paragraph will be final and not subject to further administrative or judicial review.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-04 Personnel and supervision requirements.

(A) Providers will ensure compliance with the personnel requirements for any individual used to provide home visiting services in accordance with "Equal Employment Opportunity" (EEO) laws and the following:

(1) Each individual serving in the capacity of home visitor, supervisor of home visitors, or program manager will meet the education, training and credentialing stipulated in this rule;

(2) If an individual obtains the supervisor credential, they may serve in multiple roles, in accordance with fidelity standards for the home visiting model implemented;

(3) Providers will maintain documentation of compliance with this paragraph for each program manager, supervisor of home visitors and each home visitor the provider uses through sub-contract or employment;

(4) Home visitors, supervisors of home visitors, and program managers will avoid multiple relationships and conflicts of interest with any client/consumer-of-services, ex-clients, family members, family members of clients or ex-clients, or other persons encountered in professional or non-professional setting, which are not in the best interest of the client and might impair professional judgment or which increases the risk of client/consumer-of-services exploitation.

(B) Providers will ensure and maintain documentation that each individual used on or after the effective date of this rule as program managers of home visitors meet the following:

(1) Individual holds a bachelor's degree from a council for higher education accredited college or university in a field closely related to public health, early childhood or human services, with three years of relevant experience in serving children and families in accordance with fidelity standards for the home visiting model implemented;

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education, experience, and completed training;

(4) Individuals that serve dual roles of both program manager and home visiting supervisor will meet the requirements of the home visiting supervisor per paragraph (C) of this rule.

(C) Providers will ensure and maintain documentation that each individual in the role of supervisor of home visitors meets the following:

(1) Except for an individual holding the position of supervisor prior to January 21, 2022, the individual meets the education requirements for the home visiting model implemented and holds at least a bachelor's degree from a council for higher education accredited college or university in a field closely related to public health, early childhood or human services, with three years of relevant experience in serving pregnant women, children and families.

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education, experience, and completed training;

(4) Individual obtains and maintains a supervisor credential as stipulated by the department that is aligned to the evidence-based or promising-practice model for which they are providing supervision, and includes the following:

(a) Completion of department required supervisor trainings, including those required by the evidence-based or promising-practice model being implemented; and

(b) Renewal every two years from the date of initial or most recent credential date by completing at least twenty contact hours of training related to the role or target population served, any department required trainings, and is in accordance with fidelity standards for the home visiting model implemented.

(D) Providers will ensure and maintain documentation that each individual in the role of home visitor meets the following:

(1) Individual meets the educational and experience stipulations in accordance with fidelity standards for the home visiting model implemented;

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education, experience, and completed training;

(4) Individual obtains and maintains home visiting credential as stipulated by the department that is aligned to the evidence-based or promising-practice model they are implementing, and includes the following:

(a) Completion of home visitor trainings, including those stipulated by the evidence-based or promising-practice model being implemented; and

(b) Renewal every two years from the date of initial or most recent credential date by completing at least twenty contact hours of training related to the role or target population, any department stipulated trainings, and is in accordance with fidelity standards for the home visiting model implemented.

(E) Providers will ensure that home visitors are supervised by an individual who is qualified in accordance with rule 3701-8-04 of the Administrative Code, and delivered in a manner that is:

(1) Documented to reflect an ongoing and direct manner;

(2) Inclusive of reflective supervision best practice strategies and/or other identified best practice; and

(3) Facilitated in accordance with the evidence-based or promising-practice home visiting model being implemented.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-06 Quality assurance and monitoring of providers.

(A) The department will monitor providers for compliance with the rules in this chapter; the terms of an agreement, or contract entered into by provider, quality assurance standards set forth by the model being implemented, and other applicable program-related federal and state laws.

(B) When the director determines that a home visiting provider is not in compliance with the rules in this chapter, the terms of an agreement or contract entered into by provider or other applicable program-related federal or state laws, the department will notify the provider in writing of the specific findings and the action the department will take. Actions may include, but are not limited to:

(1) Mandate participation in technical assistance or training;

(2) Mandate a plan of corrective action setting forth how provider will correct the deficiency;

(3) Withhold future funds or mandate repayment of funds to the department; or

(4) Suspend or terminate provider's agreement or contract.

(C) In the event that the department would take action described in paragraph (B)(3) or (B)(4) of this rule, the provider may request reconsideration of the decision in accordance with the following procedures:

(1) Submit a written request for reconsideration to the department which includes any written materials that the provider wishes to be considered so that they are received by the department no later than ten days from the date of notice from the department.

(2) The director of health will notify the provider in writing of the decision to take action within thirty days of receiving request for reconsideration. The director's decision is final and is not subject to further administrative or judicial review.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-07 Data and maintenance of records.

(A) Providers will oversee and ensure:

(1) Data entry, as stipulated by the department, into the statewide data system within ten business days of the activity, except when otherwise specified;

(2) Home visiting supervisors will process progress notes within fifteen business days of submission by the home visitor;

(3) Information entered into the statewide data system is consistent with the information in the program participant's record;

(4) All staff who enter data, or supervise the entry of data into the statewide system, complete all department stipulated trainings;

(5) State and model reports regarding data quality, compliance, monitoring, goals and outcomes are completed;

(6) That prior to granting individuals initial access or reactivation of previous access to the statewide data system, individuals have completed and submitted a data system user agreement form approved by the director;

(7) Notification to the department for deactivation of access to the statewide data system upon a user's termination, resignation, or a change in scope of duties that no longer warrants access to the data, within ten business days of activity initiating the deactivation;

(8) That inactive users, or those who have not logged in within sixty days, or those with an expired home visitng credential, have their access terminated;

(9) Adherence to section 3701.17 of the Revised Code and other applicable federal and state laws, regulations, and rules with regard to confidentiality and security of personally identifiable information;

(10) That only one record is generated for each home visiting participant in accordance with paragraph (B) of this rule.

(B) The record of every family and caregiver receiving home visiting services will meet evidenced-based or promising-practice model implementation standards, and at a minimum contain:

(1) Documentation of eligibility for home visiting services;

(2) Screening and assessment tools administered;

(3) All family goal plans and family goal plan revisions;

(4) Referral and referral follow-up provided on behalf of the family, if applicable, on a form approved by the director;

(5) A consent to receive home visiting services signed by the primary caregiver on a form approved by the director. This consent will indicate that the family was provided information on the benefits of home visiting services;

(6) Consent to release information and coordinate health and social service referrals on a form approved by the director;

(7) Copies of pertinent written correspondence received from and sent to the family, other health and/or social service providers.

(C) Records are mandated to be retained electronically to fullest extent possible. In the event electronic record keeping is not possible, paper records will be maintained in accordance with this chapter and must be retained for a period of six years from the date of receipt of payment for the service or until an audit is completed whichever is longer. All documentation will be made available to the department upon request.

(D) Upon request from a home visiting participant, providers will provide:

(1) A list of the types and locations of records collected, maintained, or used by the provider; and/or

(2) One electronic or paper copy of the complete record, free of charge and in accordance with rule 3701-8-08 of the Administrative Code.

(E) If a program participant exits services or transfers to another provider within a department supported system, the current provider will retain the original file, and provide, with written consent from the family, an electronic or paper copy of the participant's record to the new provider in a secure fashion. Information maintained in the statewide data system will be updated before transfer of the program participant's record.

(F) Providers will document in the participant's record a log of every request made and granted to access or receive a copy of a program participant's record. Documentation log will include the name of the requester, the date the request was received by the provider, the date access was granted to the requester, and the purpose for which the individual is authorized to see or have a copy of the record.

(G) All data is property of the department, and any research proposals whether internal or external, involving past or present participants, are obligated to first be approved by the department's institutional review board (IRB). Approval or denial of each request will be communicated to the requesting entity.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-08 Rights and privacy practices.

(A) Program participants have the following rights from the time of program referral throughout participation in home visiting services:

(1) To be informed of rights in the participant's native language, unless clearly not feasible to do so;

(2) To be fully informed of all information relevant to the activity for which written consent is sought before any service begins, to include:

(a) The administration of any assessment or screening tool;

(b) Any disclosure of service, permission, activities, or records to any requesting entity.

(3) To participate or decline to participate in home visiting services at any time and to be informed of how refusal to consent will affect the ability to receive services in the program;

(4) To revoke previously provided consents at any time;

(5) To request to review or receive a copy of the participant's record, including completed family goal plans, at any time during program participation and until six years past the date of receipt of payment and to either review the record or receive a copy of the record within ten days;

(6) To be fully informed of requests for personally identifiable information, to include purpose and time period of request; and to provide authorization, before personally identifiable information would be shared, unless such disclosure is authorized under state and federal law;

(7) To file a complaint with the provider and with the department about program services in accordance with paragraph (B) of this rule.

(B) Providers will provide printed materials and verbal communication informing every program participant how to file a complaint about the home visiting program, in accordance with this chapter.

(C) When a home visiting program participant files a complaint, the complaint will include the following to be sufficient:

(1) The name, address, and contact information of the program participant who is making the complaint;

(2) Complaint will be in writing and be signed by program participant;

(3) A statement describing how the department or home visiting provider has not met service expectations, or has violated any obligations of this rule;

(4) The facts on which the statement is based;

(5) The name of the home visitor and home visiting provider agency serving program participant at time of complaint;

(6) Complaint(s) will be submitted to the director within a period not to exceed sixty days from the date of the allegation.

(D) When the department receives a sufficient complaint as set forth in paragraph (C) of this rule, the department will contact the caregiver and explain the options available for dispute resolution. The department will investigate the complaint at no cost to the program participant. The investigation and a written decision will be completed by the department within sixty days of receipt of a sufficient complaint.

(E) Providers will ensure that program participants are informed, in writing, of their rights before consent to participate is sought and at least annually thereafter for the duration of program participation.

(F) Providers will ensure that program participants provide written consent in every applicable instance related to their services in accordance with paragraph (A) of this rule.

(G) Except when authorized by state or federal law, providers will ensure that prior to releasing personally identifiable information to any individual or entity, that written consent is obtained utilizing a form approved by the director, which will include:

(1) The individual, and when applicable, agency, to whom information will be given;

(2) The type of information that will be given;

(3) The intended purpose for sharing the information;

(4) An expiration date of the consent not to exceed one year; and

(5) A signature and date the form was signed.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-8-09 Criteria for reimbursement of home visiting services.

(A) Home visiting services will be reimbursed per the terms and rate set forth in the provider agreement. Minutes of service provided to an eligible individual will be aggregated by covered services in accordance with paragraph (B) of this rule, within each day. The number of units of covered services is the total minutes divided by fifteen plus one additional unit if the remaining number of minutes is at least eight minutes, for each covered service.

(B) Provider will accept reimbursement for all reimbursable services as payment in full. Services will be reimbursed when:

(1) The provider is qualified in accordance with rule 3701-8-03 of the Administrative Code;

(2) The home visitor delivering the service meets the education and training set forth in rule 3701-8-04 of the Administrative Code;

(3) All data prescribed by the Administrative Code is entered into the statewide data system and approved by the assigned supervisor of the individual delivering the service. The supervisor will serve concurrently as the billing approver to ensure accuracy and quality of services delivered;

(4) The service for which reimbursement is sought is allowable under paragraph (C) of this rule and are clearly identified in the family goal plan or record.

(1) Preparing materials and information for a completed home visit;

(2) Conducting assessments, including the administration of approved screening tools, monitoring, and follow-up with families during a home visit, in accordance with timeframes stipulated by the department;

(3) Developing and managing a family goal plan during home visits, when such goals are related to the program goals;

(4) Providing department approved parenting education curriculum to families during home visits;

(5) Completing referral and referral follow-up activities facilitated by the assigned home visitor to link families and caregivers to services that address identified goals or needs in the family goal plan or record;

(6) Traveling to and from the home visit;

(7) Completing documentation and data entry into the statewide data system.

(D) Providers may be reimbursed up to the department caps set forth in the provider agreement. Providers may be reimbursed for activities that exceed the department cap with prior authorization from the department.

(E) Documentation for the provision of each service will be maintained in the statewide data system for purposes of supporting payment, delivery of the service, and to provide an audit trail. Documentation will include:

(1) The service that was provided;

(2) The date inclusive of day, month, and year that the activity was provided;

(3) The first and last name of the individual for whom the activity was provided;

(4) The duration in minutes or time in and time out of the activity provided; and

(5) The signature or initials of the person delivering the service on each entry of service delivery.

(F) Records necessary to fully disclose the extent of services provided and costs associated with these services will be maintained for a period of six years from the date of receipt of payment based upon those records or until any initiated audit, review, investigation or other activities are completed and appropriately resolved, whichever is longer. Records will be made available upon request to the Ohio department of health or designee. Failure to supply requested records, documentation and/or information may result in non-payment for outstanding services or recoupment of funds.

(G) The Ohio department of health, or a designee, may conduct audits, reviews, investigations, or any other activities necessary to assure a home visiting provider, its sub grantee or sub provider are compliant with federal and state regulations. Based on the results of an audit, review, investigation or other activities, the Ohio department of health may seek legal recourse, including but not limited to, recoupment of funding related to over payments, misuse, fraud waste or abuse or noncompliance with federal or state regulations from the home visiting provider.

Last updated January 23, 2026 at 5:43 PM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Chapter 5180-10 Early Intervention Program

Ohio Adm.Code 5180-10-01 Early intervention program - procedural safeguards.

(A) Purpose

This rule sets forth the procedural safeguards in the early intervention program, including the provisions of parental consent and notice; retention, confidentiality, access to, and amendment of records; and dispute resolution.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Complainant" means an organization or individual, including an organization or individual from another state. "Complainant" does not include a parent.

(2) "Consent" means that a parent:

(a) Has been informed of the information relevant to the activity for which consent is sought, in the parent's native language;

(b) Agrees in writing to the carrying out of the activity for which the parent's consent is sought; and

(c) Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time and that if the parent revokes consent, revocation is not retroactive.

(3) "Department" means the Ohio department of developmental disabilities.

(4) "Early intervention program" means Ohio's statewide system that provides coordinated services to parents of infants and toddlers with delays or disabilities in accordance with part C.

(5) "Early intervention records" means all records, in any format, regarding a child that are collected, maintained, or used under part C.

(6) "Early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued in accordance with rule 5123-10-04 of the Administrative Code and assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C.

(7) "Early intervention service provider" means an entity that, or an individual who, provides early intervention services under part C, and may include, where appropriate, the department and a public agency responsible for providing early intervention services under part C.

(8) "Early intervention services" means developmental services described in appendix A to rule 5123-10-02 of the Administrative Code, selected in collaboration with a parent of a child birth through age two who is eligible for services under part C, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(9) "Individualized family service plan" means the written plan for providing early intervention services to an eligible child and the child's family.

(10) "Native language" means the language or mode of communication normally used by a child or a parent of the child.

(11) "Parent" means a biological or adoptive parent of a child, a guardian, a foster parent or person acting in place of a biological or adoptive parent with whom the child lives, or an appointed surrogate parent, consistent with 34 C.F.R. 303.27, as in effect on the effective date of this rule.

(12) "Part C" means part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445, as in effect on the effective date of this rule, and 34 C.F.R. part 303, as in effect on the effective date of this rule.

(13) "Participating agency" means any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements in part C with respect to a particular child. A participating agency includes the lead agency, early intervention service providers, and any individual or entity that provides any part C services (including service coordination, evaluations and assessments, and other part C services), but does not include primary referral sources or public agencies (such as the Ohio department of medicaid) or private entities (such as private insurance companies) that act solely as funding sources for part C services.

(14) "Personally identifiable information" includes, but is not limited to:

(a) A child's name;

(b) The name of a child's parent or other family member;

(d) A personal identifier, such as a child's social security number;

(e) An indirect identifier, such as a child's date of birth, place of birth, or mother's maiden name;

(f) Information that, alone or in combination, is linked or linkable to a specific child that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

(g) Information requested by a person who the early intervention service provider reasonably believes knows the identity of the child to whom the early intervention record relates.

(1) An early intervention service provider will ensure that a parent's consent is obtained before:

(a) Administering developmental screening procedures that are used to determine whether a child is suspected of having a developmental delay or disability using form EI-01 ("Prior Written Notice and Consent for Developmental Screening");

(b) Conducting a developmental evaluation or assessment of a child or a family-directed assessment using form EI-02 ("Prior Written Notice and Consent for Developmental Evaluation and Assessments");

(c) Providing early intervention services to a child or the child's family using form EI-04 ("Individualized Family Service Plan");

(d) Using private insurance of a child or the child's parent using form EI-05 ("Consent to Use Insurance for Early Intervention Services"); or

(e) Disclosing personally identifiable information to anyone other than authorized representatives, officials, or employees collecting, maintaining, or using the information for purposes of early intervention services using form EI-06 ("Consent for Release or Exchange of Information"), form EI-08 ("Consent to Refer Child to the Local Educational Agency and the Ohio Department of Education and Workforce"), or form EI-12 ("Documentation of Diagnosed Condition").

(2) If a parent does not give consent for an evaluation or assessment of the child described in paragraph (C)(1)(b) of this rule, an early intervention service provider will make reasonable efforts to ensure that the parent:

(a) Is fully aware of the nature of the evaluation or assessment of the child and early intervention services that might be available; and

(b) Understands that while the family-directed assessment is voluntary, the child will not be able to receive the evaluation, assessment, or early intervention services unless consent is given for the developmental evaluation and/or assessment of the child.

(3) The parent of a child may:

(a) Consent to or withdraw consent for early intervention services at any time; and

(b) Withdraw consent for some early intervention services after giving consent, without jeopardizing other early intervention services.

(4) An early intervention service provider or participating agency will not use the due process hearing procedures described in paragraph (L) of this rule to challenge a parent's refusal to provide consent.

(D) Prior written notice

(1) An early intervention service provider will give prior written notice to a parent at least ten calendar days before proposing or refusing to initiate or change the identification, evaluation, or placement of a child, or providing early intervention services to the child and that child's family. A parent may waive the right to the ten-day prior notice.

(2) Prior written notice will:

(a) Be sufficient to inform the parent about:

(i) The action that is being proposed or refused;

(ii) The reasons for taking the action; and

(iii) The procedural safeguards set forth in paragraphs (I), (J), (K), and (L) of this rule;

(b) Be written in language understandable to the public;

(c) Be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so; and

(d) Be provided on the prescribed form, that is:

(i) For developmental screening of a child, form EI-01 ("Prior Written Notice and Consent for Developmental Screening");

(ii) For the child evaluation and/or assessment and the family-directed assessment, form EI-02 ("Prior Written Notice and Consent for Developmental Evaluation and Assessments");

(iii) For a determination of eligibility, form EI-03 ("Prior Written Notice of Eligibility Determination");

(iv) When exiting a child in accordance with paragraph (P)(2) of rule 5123-10-02 of the Administrative Code, form EI-10 ("Prior Written Notice of Exiting"); and

(v) For the provision of early intervention services including any proposed placement, form EI-04 ("Individualized Family Service Plan") or form EI-11 ("Prior Written Notice of Proposed Change to Services").

(3) If the native language or other mode of communication used by a parent is not a written language, an early intervention service provider will take steps to ensure that:

(a) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

(b) The parent understands the notice; and

(E) Retention of early intervention records

(1) An early intervention service provider:

(a) Will retain a child's early intervention records until the child's ninth birthday;

(b) Will inform the parent in writing, upon entry of the child to the early intervention program, when the child's personally identifiable information will be destroyed; and

(c) May retain records longer than specified in paragraph (E)(1)(a) of this rule unless the parent requests destruction of personally identifiable information following the mandated retention period.

(2) The department may retain a permanent record of a child's name, date of birth, parent contact information, names of early intervention service coordinators and early intervention service providers, and exit data (including year and age of the child upon exit, and any programs entered into upon exiting) without time limitation.

(F) Confidentiality of personally identifiable information in early intervention records

(1) An early intervention service provider will ensure the confidentiality of personally identifiable information within a child's early intervention records and:

(a) Appoint an employee to assume the responsibility for maintaining the confidentiality of any personally identifiable information;

(b) Successfully complete department-approved training regarding this rule; and

(c) Maintain, for public inspection, a current listing of the names and positions of those employees who may have access to personally identifiable information.

(2) An early intervention service provider will obtain a parent's consent before disclosing personally identifiable information to anyone other than authorized representatives, officials, or employees of any participating agency in the early intervention program collecting, maintaining, or using the information under part C; or used for any purpose other than meeting a requirement under part C using form EI-06 ("Consent for Release or Exchange of Information") or form EI-12 ("Documentation of Diagnosed Condition").

(G) Access to early intervention records

(1) An early intervention service provider will:

(a) Permit the parent of a child who is referred to or receives early intervention services to inspect and review any early intervention records relating to the child that are collected, maintained, or used by the early intervention service provider.

(b) Comply with a parent's request to inspect and review early intervention records within no more than ten calendar days after the request is made. It will be presumed that the parent has authority to inspect and review early intervention records relating to the child unless the early intervention service provider has been provided documentation that the parent does not have the authority under applicable state laws governing such matters as custody, foster care, guardianship, separation, and divorce.

(c) Permit a parent to inspect and review early intervention records relating to the child unless the early intervention service provider has documentation that the parent does not have the authority.

(d) Provide a parent, upon request, a list of the types and locations of early intervention records collected, maintained, or used by the early intervention service provider.

(e) Not charge a fee to search for or to retrieve information or early intervention records requested in accordance with this rule.

(f) Provide at no cost to a parent, either an electronic or paper copy of form EI-03 ("Prior Written Notice of Eligibility Determination"), including the summary of the evaluation, within five calendar days of eligibility determination.

(g) Provide at no cost to a parent, either an electronic or paper copy of the individualized family service plan, including the summaries of the assessment of the child and the family-directed assessment, within ten calendar days after each individualized family service plan meeting.

(h) Have the option to charge a fee for copies of early intervention records that are made for the parent if the fee does not effectively prevent the parent from exercising the parent's right to inspect and review those records.

(i) Keep a record of parties obtaining access to early intervention records collected, maintained, or used under part C (except access by a parent, an authorized representative of a parent, or a participating agency) including:

(i) The name of the party;

(ii) The date access was given; and

(iii) The purpose for which the party is authorized to use the early intervention records.

(2) A parent's right to inspect and review early intervention records includes:

(a) The right to a response from the early intervention service provider to reasonable requests for explanations and interpretations of the early intervention records;

(b) The right to request copies of the early intervention records if the parent is unable to otherwise inspect or review the records;

(d) The right to inspect and review only the information relating to the parent's child.

(H) Amendments to early intervention records

(1) A parent, who believes that information in the early intervention records of the child is inaccurate, misleading, or violates the privacy or other rights of the child or parent, may request orally or in writing that the early intervention service provider that maintains the early intervention records amend the information.

(2) The early intervention service provider will decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

(3) If the early intervention service provider refuses to amend the early intervention records, the early intervention service provider must inform the parent of the refusal and advise the parent of the parent's right to a due process hearing pursuant to the procedures set forth in paragraph (L) of this rule.

(a) The early intervention service provider will, upon request, provide the parent with the opportunity for a due process hearing in accordance with paragraph (L) of this rule to challenge information in the child's early intervention records to ensure that it is not inaccurate, misleading, or in violation of the privacy and other rights of the child or parent.

(b) If, as a result of the due process hearing, it is determined that the information is inaccurate, misleading, or in violation of the privacy or other rights of the child or parent, the early intervention service provider will amend the information accordingly and so inform the parent in writing.

(c) If, as a result of the due process hearing, it is determined that the information is not inaccurate, misleading, or in violation of the privacy or other rights of the child or parent, the early intervention service provider will inform the parent of the parent's right to place in the early intervention records of the child, a statement commenting on the information or setting forth any reasons for disagreeing with the decision. Any explanation placed in the early intervention records of the child in accordance with this paragraph will:

(i) Be maintained by the early intervention service provider as part of the early intervention records of the child as long as the early intervention records or contested portion is maintained; and

(ii) Be disclosed as part of the early intervention records of the child if the early intervention service provider discloses the early intervention records of the child to any party.

(I) Dispute resolution

(1) Disputes regarding an alleged violation of part C may be resolved informally at the local level.

(2) When resolution at the local level is not achieved or preferred, a complainant or parent may file a complaint with the department.

(3) A complaint filed with the department will:

(a) Be in writing;

(b) Be filed within one year after the alleged violation that is the subject of the complaint; and

(i) A statement that an early intervention service provider violated a requirement of part C;

(ii) The facts on which the statement is based;

(iii) The signature of and contact information for the complainant or the parent; and

(iv) If alleging violations with respect to a specific child:

(a) The name and address of the residence of the child;

(b) The name of the early intervention service provider serving the child;

(d) A proposed resolution of the problem to the extent known and available to the complainant or parent at the time the complaint is filed.

(4) The complainant or parent will forward a copy of the complaint to the early intervention service provider serving the child at the same time the complaint is filed with the department.

(5) During the pendency of any proceeding involving a complaint, unless the department and the parent of a child otherwise agree, the child will continue to receive the early intervention services that were agreed to in the individualized family service plan.

(6) If the complaint involves an application for initial early intervention services, the child will receive those services that are not in dispute.

(7) After a parent has filed a complaint with the department, the parent may request that the department investigate the complaint pursuant to paragraph (J) of this rule, may request to mediate the complaint pursuant to paragraph (K) of this rule, or may choose to proceed with a due process hearing pursuant to paragraph (L) of this rule.

(8) After a complainant has filed a complaint with the department, the department will investigate the complaint pursuant to paragraph (J) of this rule.

(J) Investigation of a complaint

(1) Within sixty calendar days after the complaint is filed and the complainant or parent has requested that the department investigate the complaint, the department will:

(a) Carry out an independent on-site investigation, if the department determines that an on-site investigation is necessary;

(b) Give the complainant or parent the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

(c) Respond or provide the early intervention service provider with an opportunity to respond to the complaint, including:

(i) At the department's discretion, a proposal to resolve the complaint; and

(ii) An opportunity for the parent who filed a complaint and the department or the early intervention service provider, to voluntarily engage in mediation, consistent with paragraph (K) of this rule;

(d) Review all relevant information and make an independent determination as to whether the department or the early intervention service provider is violating a requirement under part C; and

(e) Issue a final written decision to the complainant or parent that addresses each allegation in the complaint and that contains findings of fact, conclusions, the reasons for the department's final written decision, and the procedures, if needed, for the effective implementation of the department's final written decision, including:

(i) Technical assistance activities;

(ii) Negotiations; and

(iii) Corrective actions to achieve compliance.

(2) In resolving a complaint in which the department has found a failure to provide appropriate early intervention services, the department will address:

(a) The failure to provide appropriate early intervention services, including corrective actions appropriate to address the needs of the child whose services are the subject of the complaint and the child's family; and

(b) Appropriate future provision of early intervention services for all eligible children and their families.

(3) If a parent disagrees with the department's final written decision issued pursuant to paragraph (J)(1)(e) of this rule, the parent may request to mediate the dispute pursuant to paragraph (K) of this rule or the parent may choose to proceed with the due process hearing procedures pursuant to paragraph (L) of this rule.

(4) The department may grant an extension of the time line specified in paragraph (J)(1) of this rule only if:

(a) Exceptional circumstances exist with respect to a particular complaint; or

(b) The parent and the department or early intervention service provider involved agree to extend the time to engage in mediation pursuant to paragraph (K) of this rule.

(5) If a written complaint is received that is also the subject of a due process hearing under paragraph (L) of this rule, or contains multiple issues of which one or more are part of the due process hearing, the department will set aside any part of the complaint that is being addressed in that hearing until the conclusion of the hearing. Any issue in the complaint that is not a part of the due process hearing will be resolved in accordance with the time lines and procedures described in paragraphs (J)(1) and (J)(4) of this rule.

(6) If an issue raised in a complaint has previously been decided in a due process hearing involving the same parties:

(a) The due process hearing decision is binding on that issue; and

(b) The department will inform the parent to that effect.

(7) The department will resolve a complaint alleging the failure of the department or the early intervention service provider to implement a due process hearing decision.

(K) Mediation process

(1) A parent may file a complaint with the department and may then choose to resolve the dispute through the mediation process at any time.

(2) The mediation process:

(a) Is voluntary on the part of the parties;

(b) Will not be used to deny or delay a parent's right to a due process hearing, or to deny any other rights afforded under part C; and

(3) The department will:

(a) Select mediators on an impartial basis;

(b) Bear the cost of the mediation process;

(d) Hold each mediation session in a location that is convenient to the parties to the dispute.

(4) A person who serves as a mediator will not:

(a) Be an employee of the department;

(b) Be an early intervention service provider that is involved in the provision of early intervention services or other services to the child; or

(5) If the parties resolve a dispute through the mediation process, the parties will execute a legally binding agreement that sets forth the resolution and:

(a) States that all discussions that occurred during the mediation process will remain confidential and will not be used as evidence in any subsequent due process hearing or civil proceeding; and

(b) Is signed by both the parent and a representative of the department.

(6) If the parties do not resolve the dispute through the mediation process, the parties may request the department to conduct an investigation pursuant to paragraph (J) of this rule or the parent may choose to proceed with the due process hearing procedures pursuant to paragraph (L) of this rule.

(L) Due process hearing procedures

(1) A parent filing a complaint with the department alleging that an early intervention service provider violated a requirement of part C related to the identification, evaluation, or placement of the child, or the provision of early intervention services to the child and the family under part C, may choose to resolve the dispute through the due process hearing procedures.

(2) The department will appoint an impartial due process hearing officer to implement the complaint resolution process. The hearing officer will:

(a) Have knowledge about the provisions of part C and the needs of, and early intervention services available to, children and their families;

(b) Listen to the presentation of relevant viewpoints about the complaint;

(d) Seek to reach a timely resolution of the complaint;

(e) Provide a written decision within thirty calendar days after the receipt of the parent's complaint; and

(f) Grant specific extensions of the time lines set forth in paragraphs (L)(2)(e) and (L)(3)(a) of this rule at the request of either party.

(3) A parent involved in a due process hearing has the right to:

(a) A completed due process hearing and a written decision mailed to each of the parties within thirty calendar days after the receipt of the parent's complaint;

(b) A due process hearing that is conducted at a time and place that is convenient to the parent;

(c) Be accompanied and advised by counsel and by persons with special knowledge or training with respect to early intervention services, the cost of which will be borne by the parent;

(d) Present evidence and confront, cross-examine, and compel the attendance of witnesses through subpoenas issued by the department;

(e) Prohibit the introduction of any evidence at the due process hearing that has not been disclosed to the parent at least five calendar days before the hearing;

(f) Obtain a written or electronic transcription of the due process hearing at no cost; and

(g) Receive a written copy of the findings of fact and decision at no cost.

(4) Any party to the due process hearing that disagrees with the findings and decision issued pursuant to the due process hearing procedures:

(a) May no longer attempt to resolve the dispute through an investigation pursuant to paragraph (J) of this rule or mediation pursuant to paragraph (K) of this rule; and

(b) Has the right to bring a civil action in state or federal court under section 639(a)(1) of the Individuals with Disabilities Education Act, as in effect on the effective date of this rule.

Last updated January 23, 2026 at 5:47 PM

History

Effective: July 4, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-10-02 Early intervention program - eligibility and services.

(A) Purpose

This rule sets forth the early intervention program requirements for eligibility, developmental screening, evaluation, assessment, individualized family service plan meetings and content, transition to preschool and other programs, service coordination, early intervention records, and exiting and transferring from the early intervention program.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Assessment of the child" means the ongoing procedures used by qualified personnel on a multidisciplinary team to identify a child's unique strengths and needs, and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility.

(2) "Case notes" means the documentation created or compiled by early intervention service providers determining eligibility or providing services pursuant to this rule, including but not limited to, early intervention service coordinators, interventionists, intake coordinators, evaluators, and assessors. Documentation includes, at a minimum, the early intervention activity including scheduling and coordinating, the date, the purpose, the method of communication, and the resolution of the activity, names and roles of those involved including the provider, and all contacts and attempted contacts.

(3) "Consent" means that a parent:

(a) Has been informed of the information relevant to the activity for which consent is sought, in the parent's native language;

(b) Agrees in writing to the carrying out of the activity for which the parent's consent is sought; and

(c) Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time and that if the parent revokes consent, revocation is not retroactive.

(4) "Department" means the Ohio department of developmental disabilities.

(5) "Developmental delay" means that a child has not reached developmental milestones expected for the child's chronological age as measured by qualified personnel using appropriate diagnostic instruments and/or procedures.

(6) "Developmental screening" means activities carried out by, or under the supervision of, an early intervention service provider to identify, at the earliest possible age, children suspected of having a developmental delay or disability.

(7) "Duration" means projecting when a given service will no longer be provided (such as when a child is expected to achieve the outcomes in the individualized family service plan or until a child turns three years of age).

(8) "Early intervention program" means Ohio's statewide system that provides coordinated services to parents of infants and toddlers with delays or disabilities in accordance with part C.

(9) "Early intervention records" means all records, in any format, regarding a child that are collected, maintained, or used under part C.

(10) "Early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued in accordance with rule 5123-10-04 of the Administrative Code and assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C.

(11) "Early intervention service provider" means an entity that, or an individual who, provides early intervention services under part C, and may include, where appropriate, the department and a public agency responsible for providing early intervention services under part C.

(12) "Early intervention services" means developmental services described in appendix A to this rule, selected in collaboration with a parent of a child birth through age two who is eligible for services under part C, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(13) "Evaluation" means the procedures used by qualified personnel on a multidisciplinary team to determine a child's eligibility for early intervention services. At least one of the qualified personnel will be trained to administer the department-approved evaluation tool utilized.

(14) "Family-directed assessment" means the ongoing procedures completed by qualified personnel or an early intervention service coordinator to identify the family's resources, priorities, and concerns.

(15) "Frequency" means the number of days or sessions that an early intervention service will be provided.

(16) "Individualized family service plan" means the written plan for providing early intervention services to an eligible child and the child's family.

(a) "Initial individualized family service plan" means the first ever individualized family service plan developed by a team for a child that must be completed within forty-five calendar days of the program referral.

(b) "Annual individualized family service plan" means the individualized family service plan written once per year, no later than the anniversary of the initial individualized family service plan.

(c) "Periodic review" means a review of an individualized family service plan that takes place any time between an initial individualized family service plan and an annual individualized family service plan or between two annual individualized family service plans, but no later than six months after the most recent individualized family service plan. A periodic review occurs any time there is a need to change service delivery or outcomes, the family requests a review, or a child transfers from one county to another before the annual individualized family service plan is due.

(17) "Informed clinical opinion" means the process used by qualified personnel in the evaluation and assessment process to make a determination as to initial eligibility for services under part C and as a basis for planning services to meet child and family needs. Informed clinical opinion makes use of qualitative and quantitative information to assist in forming a determination regarding difficult-to-measure aspects of current developmental status.

(18) "Initial assessment" means the assessment of a child and the family-directed assessment conducted prior to the child's initial individualized family service plan meeting.

(19) "Length" means the length of time the early intervention service is provided during each session of that service (such as an hour or other specified time period).

(20) "Method" means how an early intervention service is provided.

(21) "Multidisciplinary" means the involvement of qualified personnel representing two or more separate disciplines or professions and with respect to:

(a) Evaluation and assessment of a child, which may include one individual who is qualified in more than one discipline or profession; and

(b) The individualized family service plan team, which will include the child's parent and two or more individuals from separate disciplines or professions, one of whom will be an early intervention service coordinator.

(22) "Native language" means the language or mode of communication normally used by a child or a parent of the child.

(23) "Natural environment" means settings that are natural or typical for a same-aged child without a developmental delay or disability, including the home or community settings.

(24) "Parent" means a biological or adoptive parent of a child, a guardian, a foster parent or person acting in place of a biological parent or adoptive parent with whom the child lives, or an appointed surrogate parent, consistent with 34 C.F.R. 303.27, as in effect on the effective date of this rule.

(25) "Part B" means part B of the Individuals with Disabilities Education Act, 20 U.S.C. 1411 through 1419, as in effect on the effective date of this rule, and 34 C.F.R. parts 300 and 301, as in effect on the effective date of this rule.

(26) "Part C" means part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445, as in effect on the effective date of this rule, and 34 C.F.R. part 303, as in effect on the effective date of this rule.

(27) "Participating agency" means any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements in part C with respect to a particular child. A participating agency includes the lead agency, early intervention service providers, and any individual or entity that provides any part C services (including service coordination, evaluations and assessments, and other part C services), but does not include primary referral sources or public agencies (such as the Ohio department of medicaid) or private entities (such as private insurance companies) that act solely as funding sources for part C services.

(28) "Personally identifiable information" includes, but is not limited to:

(a) A child's name;

(b) The name of a child's parent or other family member;

(d) A personal identifier, such as a child's social security number;

(e) An indirect identifier, such as a child's date of birth, place of birth, or mother's maiden name;

(g) Information requested by a person who the early intervention service provider reasonably believes knows the identity of the child to whom the early intervention record relates.

(29) "Prior written notice" means the written notification provided to a parent at least ten calendar days before proposing or refusing to initiate or change the identification, evaluation, or placement of a child, or the provision of early intervention services to a child and that child's family, consistent with paragraph (D) of rule 5123-10-01 of the Administrative Code. A parent may waive the right to the ten-day prior notice.

(30) "Qualified personnel" means personnel described in appendix B to this rule.

The Ohio department of children and youth will ensure that any child under the age of three years who is the subject of a substantiated case of child abuse or neglect or who is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure will be referred to the central intake site for early intervention referrals using form HEA 8021 ("Public Children Services Referral to Help Me Grow") or its successor.

(D) Eligibility for early intervention services

(1) The following children are eligible for early intervention services under part C:

(a) Children who have a documented diagnosed physical or mental condition with a high probability of resulting in a developmental delay, as listed in appendix C to this rule.

(i) The early intervention service coordinator will ensure that documentation of the qualifying diagnosed condition is requested and obtained.

(ii) Children for whom documentation of the qualifying diagnosed condition is not obtained by the early intervention service coordinator will be offered an evaluation in accordance with the timelines set forth in paragraph (E) of this rule and the procedures set forth in paragraphs (G) and (H) of this rule to determine eligibility to receive early intervention services.

(b) Children who have a documented diagnosed physical or mental condition which is not listed in appendix C to this rule.

(i) The early intervention service coordinator will ensure that documentation of the diagnosed condition which is determined to have a high probability of resulting in a developmental delay or disability is requested, obtained, and documented on form EI-12 ("Documentation of Diagnosed Condition"). The form will be filled out completely and signed by a professional licensed to diagnose and treat mental or physical conditions for the child to be eligible to receive early intervention services.

(ii) Children for whom documentation of the diagnosed condition on completed form EI-12 ("Documentation of Diagnosed Condition") is not obtained by the early intervention service coordinator will be offered an evaluation in accordance with the timelines set forth in paragraph (E) of this rule and the procedures set forth in paragraphs (G) and (H) of this rule to determine eligibility for early intervention services.

(c) Children with a developmental delay of at least one and one-half standard deviations below the mean, or the equivalent determined through informed clinical opinion, in adaptive, cognitive, communication, physical, or social and emotional development, as determined and documented through an evaluation in accordance with the timelines set forth in paragraph (E) of this rule and the procedures set forth in paragraphs (G) and (H) of this rule. Children for whom the developmental evaluation tool does not indicate a developmental delay of at least one and one-half standard deviations below the mean in adaptive, cognitive, communication, physical, or social and emotional development, may be made eligible using informed clinical opinion with a written explanation of the sources of information used and how those sources of information support eligibility, including area or areas of delay.

(d) Children who move to Ohio with an eligibility determination and/or individualized family service plan from another state or United States territory will have their eligibility established in Ohio prior to proceeding to individualized family service plan development and implementation. Existing information and documents may be used to determine eligibility in accordance with paragraphs (D)(1)(a) to (D)(1)(c) of this rule. Except for documentation of a diagnosed physical or mental condition described in paragraph (D)(1)(a) of this rule, all information and documentation will be dated within one hundred eighty days prior to early intervention program referral.

(2) For every child under the age of three who is referred to the early intervention program or screened in accordance with paragraphs (E) and (F) of this rule, there is no requirement to:

(a) Provide an evaluation of the child unless the child is suspected of having a developmental delay or disability or the parent requests an evaluation in accordance with paragraph (F)(2)(b) of this rule; or

(b) Make early intervention services available to the child unless a determination is made that the child is eligible in accordance with paragraph (D) of this rule.

(3) For every child who is referred to the early intervention program fewer than forty-five calendar days before that child's third birthday, there is no requirement to conduct an evaluation, initial assessment, or initial individualized family service plan meeting.

(4) The early intervention service coordinator will provide prior written notice of a child's eligibility to the child's parent at no cost using form EI-03 ("Prior Written Notice of Eligibility Determination") within five calendar days of eligibility determination.

(E) Timelines for developmental screening, evaluation, initial assessment, and initial individualized family service plan meeting

(1) Except as provided in paragraph (E)(2) of this rule, the early intervention service coordinator will ensure the following are completed within forty-five calendar days from the date a child is referred to the early intervention program:

(a) Determination of eligibility conducted in accordance with paragraph (D) of this rule;

(b) Developmental screening conducted in accordance with paragraph (F) of this rule;

(d) Family-directed assessment conducted in accordance with paragraphs (G) and (I) of this rule; and

(e) Initial individualized family service plan meeting conducted in accordance with paragraph (J) of this rule.

(2) Subject to paragraph (E)(2)(b) of this rule, the forty-five-day timeline described in paragraph (E)(1) of this rule does not apply when:

(a) The child or parent is unavailable to complete the developmental screening, evaluation, initial assessment of the child, initial family-directed assessment, or initial individualized family service plan meeting due to exceptional family circumstances that are documented in the child's early intervention records; or

(b) The early intervention service coordinator is unable to locate the parent to provide consent for the developmental screening, evaluation, or initial assessment of the child, despite documented, repeated attempts, using more than one medium when available.

(3) In the event that the circumstances described in paragraph (E)(2)(a) or (E)(2)(b) exist, the early intervention service coordinator will ensure:

(a) Documentation in the child's early intervention records of the exceptional family circumstances or repeated attempts by the early intervention service coordinator to obtain the parent's consent; and

(b) Completion of the developmental screening, evaluation, initial assessment of the child, initial family-directed assessment, and initial individualized family service plan meeting as soon as possible after the documented exceptional family circumstances no longer exist or the parent's consent is obtained for the developmental screening, evaluation, and initial assessment of the child.

(F) Developmental screening procedures

(1) If an early intervention participating agency proposes to screen a child under the age of three who has been referred to the early intervention program to determine whether the child is suspected of having a developmental delay or disability, the early intervention participating agency will ensure:

(a) Prior written notice of the intent to screen the child is provided to the parent using form EI-01 ("Prior Written Notice and Consent for Developmental Screening");

(b) The parent's consent is obtained using form EI-01 ("Prior Written Notice and Consent for Developmental Screening") before conducting the developmental screening procedures; and

(2) If the developmental screening or other available information indicates that the child is:

(a) Suspected of having a developmental delay or disability, an evaluation and assessment of the child will be conducted in accordance with paragraphs (E), (G), (H), and (I) of this rule; or

(b) Not suspected of having a developmental delay or disability, the early intervention service coordinator will ensure that prior written notice of that determination is provided to the parent using form EI-10 ("Prior Written Notice of Exiting"). If the parent of the child requests an evaluation at any time during the developmental screening process, evaluation of the child will be conducted in accordance with paragraphs (E), (G), and (H) of this rule, even if the early intervention service provider has determined in accordance with this paragraph, that the child is not suspected of having a developmental delay or disability.

(G) Evaluation and assessment of a child and family-directed assessment

(1) Each child under the age of three who is referred for evaluation for early intervention services and suspected of having a developmental delay or disability will receive:

(a) A timely, comprehensive, multidisciplinary evaluation of the child in accordance with paragraphs (E) and (H) of this rule unless eligibility is established in accordance with paragraph (D)(1)(a), (D)(1)(b), or (D)(1)(d) of this rule; and

(b) If the child is determined eligible:

(i) A multidisciplinary child assessment in accordance with paragraphs (E) and (I) of this rule; and

(ii) A family-directed assessment in accordance with paragraphs (E) and (I) of this rule.

(2) The evaluation described in paragraph (G)(1)(a) of this rule and the assessments described in paragraph (G)(1)(b) of this rule may occur simultaneously provided that the requirements in paragraphs (E) and (H) of this rule are met.

(3) An early intervention service coordinator will ensure prior written notice is provided and the parent's consent is obtained using form EI-02 ("Prior Written Notice and Consent for Developmental Evaluation and Assessments" ) prior to conducting an evaluation or assessment of the child and prior to conducting a family-directed assessment in accordance with paragraphs (H) and (I) of this rule.

(4) Qualified personnel will use informed clinical opinion when conducting an evaluation and assessment of a child.

(5) All evaluations and assessments of a child and the family-directed assessment will be conducted in settings and at times that are convenient for the parent.

(6) All evaluations and assessments of a child and the family-directed assessment will be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.

(7) Unless clearly not feasible to do so, all evaluations and assessments of a child will be conducted in the native language of the child.

(8) Unless clearly not feasible to do so, family-directed assessments will be conducted in the native language of the family members being assessed.

(H) Procedures for evaluation of a child

Evaluation of a child will include:

(1) Administering a department-approved evaluation tool where at least one of the qualified personnel administering the tool has received department-approved training in administration of the tool;

(2) Reviewing the child's history through parent interview and medical, educational, or other records;

(3) Identifying the child's level of functioning in adaptive, cognitive, communication, physical (including fine and gross motor, vision, and hearing), and social and emotional developmental domains; and

(4) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, as necessary, to understand the full scope of the child's unique strengths, needs, and participation in family routines and activities.

(I) Procedures for assessment of the child and family-directed assessment

(1) A multidisciplinary assessment of each eligible child will be conducted by qualified personnel in order to identify the child's unique strengths and needs, including the child's participation in family routines and activities and the parent's ability to successfully engage the child in family routines and activities, and the early intervention services appropriate to meet those needs.

(2) An assessment of each child will be conducted initially and at least annually prior to, but not more than ninety calendar days before, the annual individualized family service plan due date. An assessment may be conducted more frequently when appropriate. An annual reassessment of a child is not required within ninety calendar days of the child's third birthday. Timelines and requirements in the individualized family service plan must be met.

(3) When an evaluation is required in accordance with paragraph (D) of this rule, the assessment of a child will include:

(a) A review of the results of the evaluation;

(b) Personal observations of the child; and

(c) Identification of the child's level of functioning in adaptive, cognitive, communication, physical (including fine and gross motor, vision, hearing, and nutrition), and social and emotional developmental domains within the context of the family's daily routines and activities.

(4) When an evaluation is not required in accordance with paragraph (D) of this rule, the assessment of a child will include:

(a) A review of the child's history through parent interview and medical, educational, or other records;

(b) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, as necessary, to understand the full scope of the child's unique strengths and needs, including participation in family routines and activities;

(d) Identification of the child's level of functioning in adaptive, cognitive, communication, physical (including fine and gross motor, vision, hearing, and nutrition), and social and emotional developmental domains within the context of the family's daily routines and activities.

(5) The early intervention service coordinator will ensure the family is offered a family-directed assessment. A family-directed assessment will be conducted by qualified personnel or an early intervention service coordinator in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child. The family-directed assessment will:

(a) Be voluntary on the part of each family member participating in the assessment;

(b) Be based on information obtained through a family-directed assessment tool and also through an interview with those family members who elect to participate in the assessment; and

(c) Be conducted initially and at least annually prior to, but not more than ninety calendar days before, the annual individualized family service plan due date. An annual family-directed assessment is not required within ninety calendar days of the child's third birthday. Timelines and requirements in the individualized family service plan must be met.

(J) Individualized family service plan meetings

(1) For a child referred to the early intervention program determined to be eligible to receive early intervention services in accordance with paragraph (D) of this rule and assessed in accordance with paragraphs (G) and (I) of this rule, a meeting to develop the initial individualized family service plan will be conducted within the forty-five-day time period described in paragraph (E)(1) of this rule.

(2) A periodic review of the individualized family service plan for a child and the child's family will be conducted every six months, or more frequently if conditions warrant, or if the parent requests such a review.

(a) The purpose of the periodic review is to determine:

(i) The degree to which progress toward achieving the outcomes identified in the individualized family service plan is being made; and

(ii) Whether modification or revision of the outcomes or early intervention services identified in the individualized family service plan is necessary.

(b) The periodic review may be carried out by a meeting or by other means that are acceptable to the parent and other participants.

(c) Each periodic review will provide for the participation of persons in paragraphs (J)(6)(a) to (J)(6)(d) of this rule. If conditions warrant, provisions will be made for the participation of other representatives identified in paragraph (J)(6) of this rule. All persons participating in the periodic review may participate via technology from a remote location while maintaining the confidentiality of personally identifiable information and consistent with any participant's relevant licensure requirements.

(3) A meeting will be conducted on at least an annual basis to evaluate and revise as appropriate, the individualized family service plan for a child and the child's family. The results of any current evaluations and other information available from the assessments of the child and family conducted in accordance with paragraphs (G), (H), and (I) of this rule will be used in determining the early intervention services that are needed and will be provided.

(4) Individualized family service plan meetings will be conducted:

(a) In settings and at times that are convenient for the parent; and

(b) In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.

(5) Meeting arrangements will be made with the parent and other participants. Written notice of the meeting arrangements using form EI-13 ("Individualized Family Service Plan Meeting Notice") will be provided to the parent and other participants early enough to ensure they will be able to attend.

(6) Each initial and annual individualized family service plan meeting will include:

(a) The parent of the child;

(b) Other family members, as requested by the parent, if feasible to do so;

(d) The designated early intervention service coordinator responsible for implementing the individualized family service plan;

(e) A person directly involved in conducting the evaluations and assessments described in paragraphs (G), (H), and (I) of this rule; and

(f) As appropriate, persons who will be providing early intervention services to the child or family.

(7) The parent of the child and the early intervention service coordinator will be physically present at the initial and annual individualized family service plan meeting.

(8) If a person listed in paragraph (J)(6)(b), (J)(6)(c), or (J)(6)(f) of this rule is unable to be physically present at the initial or annual individualized family service plan meeting, the person may participate via technology from a remote location while maintaining the confidentiality of personally identifiable information and consistent with any participant's relevant licensure requirements.

(9) If a person listed in paragraph (J)(6)(e) of this rule is unable to be physically present at the initial or annual individualized family service plan meeting, arrangements will be made for the person's involvement through other means, including:

(a) Participating via technology from a remote location while maintaining the confidentiality of personally identifiable information and consistent with any participant's relevant licensure requirements;

(b) Having a knowledgeable authorized representative attend the meeting; or

(K) Content of an individualized family service plan

(1) The early intervention service coordinator will ensure that form EI-04 ("Individualized Family Service Plan") is completed.

(2) The individualized family service plan will include a statement of the child's present levels of physical development (including fine and gross motor, vision, hearing, nutrition, and health status), cognitive development, communication development, social and emotional development, and adaptive development, including child outcome statements, based on the information from the child's evaluation and assessments conducted in accordance with paragraphs (G), (H), and (I) of this rule.

(3) If the family agrees, the individualized family service plan will include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the family-directed assessment in accordance with paragraph (I) of this rule.

(4) The individualized family service plan will include a statement of the measurable outcomes expected to be achieved for the child (including pre-literacy and language skills as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine:

(a) The degree to which progress toward achieving the outcomes identified in the individualized family service plan is being made; and

(b) Whether modification or revision of outcomes or early intervention services identified in the individualized family service plan is necessary.

(5) The individualized family service plan will include a statement of the specific early intervention services that are necessary to meet the unique needs of the child and the family to achieve the outcomes identified in accordance with paragraph (K)(4) of this rule, including:

(a) The length, duration, frequency, and method of delivering the early intervention services.

(b) The location where the early intervention services will be provided.

(c) A statement that each early intervention service is provided in the natural environment for that child or service, or a statement that an early intervention service will not be provided in the natural environment with an explanation as to why the early intervention service cannot be achieved in the natural environment, the steps the family, the early intervention service coordinator, and the early intervention service provider will take to move the early intervention service into the natural environment, and the projected date the early intervention service will be moved into the natural environment. The determination of the appropriate setting for providing early intervention services to an eligible child will be:

(i) Made by the individualized family service plan team; and

(ii) Based on the child and family outcomes that are identified by the individualized family service plan team in accordance with paragraph (K)(4) of this rule.

(d) The payment arrangements. When the provider will be a department-contracted early intervention service provider, the early intervention service coordinator will submit, within fourteen calendar days of the signed individualized family service plan, form EI-04 ("Individualized Family Service Plan") and form EI-16 ("Payment for Early Intervention Services").

(6) To the extent appropriate, the individualized family service plan will:

(a) Identify the medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded by the early intervention program and if those services are not currently being provided, include a description of the steps the early intervention service coordinator or family will take to assist the child and family in securing those services; and

(b) Describe the steps the early intervention service coordinator will take to assist the child and family in securing the early intervention services which are identified as needed to achieve outcomes, but are not yet coordinated.

(7) The individualized family service plan will include the projected date for the initiation of each early intervention service identified in accordance with paragraph (K)(5) of this rule, which date will be as soon as possible after the parent consents to the service, but will not exceed thirty calendar days, and the anticipated duration of each service.

(8) The individualized family service plan will include the name of the early intervention service coordinator who will be responsible for ensuring the implementation of the early intervention services identified in the individualized family service plan, including transition services and coordination with other agencies and persons.

(9) The contents of the individualized family service plan will be explained and prior written notice of the proposed services given to the parent. The parent's written consent will be obtained using form EI-04 ("Individualized Family Service Plan") prior to the provision of early intervention services described in the individualized family service plan.

(10) After the parent signs the individualized family service plan, the early intervention service coordinator will ensure that the parent, early intervention service providers, and with the parent's consent using form EI-06 ("Consent for Release or Exchange of Information"), other participants are provided with a copy of the individualized family service plan at no cost and within ten calendar days.

(L) Transition to preschool and other programs

(1) Disclosure of personally identifiable information to the local educational agency and the Ohio department of education and workforce

(a) For a child who may be eligible for preschool services under part B, an early intervention service provider responsible for service coordination will on or before, but not more than ten calendar days in advance of, the first day of February, May, August, and November of each year, identify each child turning three years of age within one year from the first day of the respective month and notify the local educational agency where the child resides. The notification will include only the child's name, date of birth, statewide student identifier, and the parent contact information. The department will make a corresponding notification to the Ohio department of education and workforce.

(b) If a child is determined eligible for early intervention services in accordance with paragraph (D) of this rule more than forty-five calendar days and fewer than ninety calendar days before the child's third birthday and the child may be eligible for preschool services under part B, as soon as possible after determining the child's eligibility, the early intervention service coordinator will notify the local educational agency that the child will reach the age of eligibility for services under part B on the child's third birthday. The notification will include only the child's name, date of birth, statewide student identifier, and the parent contact information. The department will make a corresponding notification to the Ohio department of education and workforce.

(c) If a child is referred to the early intervention program forty-five or fewer calendar days before the child's third birthday and that child may be eligible for preschool services under part B, the early intervention services central intake site will ensure referral of the child to the local educational agency after obtaining the parent's consent using form EI-08 ("Consent to Refer Child to the Local Educational Agency and the Ohio Department of Education and Workforce"). The department will make a corresponding notification to the Ohio department of education and workforce. Under these circumstances, the early intervention program is not required to conduct an evaluation, assessment, or initial individualized family service plan meeting.

(d) If a child is referred to the early intervention program ninety or fewer calendar days but more than forty-five calendar days before the child's third birthday, a transition planning conference is not required but the early intervention service coordinator will coordinate the eligibility determination process. If the child is eligible for early intervention services, the early intervention service coordinator will:

(i) Coordinate assessment of the child and the family-directed assessment and the development of the initial individualized family service plan with transition plan (including steps and services).

(ii) Notify the local educational agency that the child will reach the age of eligibility for services under part B on the child's third birthday. The notification will include only the child's name, date of birth, statewide student identifier, and the parent contact information. The department will make a corresponding notification to the Ohio department of education and workforce.

(2) Individualized family service plan transition planning

(a) Not fewer than ninety calendar days, but not more than nine months before a child's third birthday, the individualized family service plan will include at least one transition outcome to create a plan to support a smooth transition of the child from early intervention services under part C to preschool services under part B or to other appropriate services. The early intervention service coordinator will ensure that transition outcomes include the steps that will be taken and the services that will be provided for:

(i) Needed discussions with, and training of, the parent, as appropriate, regarding future placements and other matters related to the child's transition;

(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting;

(iii) The identification of the transition services, steps, or activities that the individualized family service plan team determines are necessary to support the transition of the child; and

(iv) Confirmation that child find information about the child and with parent consent, a copy of the most recent evaluation and assessments of the child and the family and the most recent individualized family service plan, has been transmitted to the local educational agency.

(b) If a child may be eligible for preschool services under part B, after obtaining the parent's consent using form EI-07 ("Consent for Transition Planning Conference"), the early intervention service coordinator will ensure that a transition planning conference is conducted during an individualized family service plan meeting in accordance with paragraphs (J)(4) to (J)(9) and (K) of this rule. The transition planning conference will occur not fewer than ninety calendar days and not more than nine months prior to the child's third birthday and will include the local educational agency to discuss any services the child may receive under part B.

(c) If a child is determined not to be potentially eligible for preschool services under part B, or a parent has not consented to inviting the local educational agency to the transition planning conference, after obtaining the parent's consent using form EI-07 ("Consent for Transition Planning Conference"), the early intervention service coordinator will ensure that a transition planning conference is conducted during an individualized family service plan meeting in accordance with paragraphs (J)(4) to (J)(9) of this rule. The transition planning conference will occur not fewer than ninety calendar days and not more than nine months prior to the child's third birthday.

(M) Interim individualized family service plan

(1) An interim individualized family service plan may be developed on form EI-04 ("Individualized Family Service Plan") after written notice is provided to the parent using form EI-13 ("Individualized Family Service Plan Meeting Notice") and exceptional family circumstances make it impossible to complete the child assessment before the needed services begin.

(2) An interim individualized family service plan is available for a child who is eligible because of a diagnosed physical or mental condition.

(a) The contents of the interim individualized family service plan will be explained and prior written notice of the proposed services given to the parent. The parent's written consent will be obtained using form EI-04 ("Individualized Family Service Plan") prior to the provision of early intervention services described in the interim individualized family service plan.

(b) An interim individualized family service plan will be developed that includes:

(i) The name of the service coordinator who will be responsible for implementing the interim individualized family service plan and coordinating with other agencies and persons; and

(ii) The early intervention outcomes and services that have been determined to be needed immediately by the child and the child's family.

(N) Service coordination

A child referred to the early intervention program and the child's family will be provided with one early intervention service coordinator who is responsible for:

(1) Serving as the single point of contact for the child's family for carrying out the activities described in paragraphs (N)(2) to (N)(16) of this rule;

(2) Assisting the parent of the child in obtaining access to needed early intervention services and other services identified in the individualized family service plan, including making referrals to providers for needed services and scheduling appointments for the child and the child's family;

(3) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluation purposes) that the child needs or is being provided;

(4) Coordinating evaluations and assessments and providing results to the parent as summarized on form EI-03 ("Prior Written Notice of Eligibility Determination") and form EI-04 ("Individualized Family Service Plan");

(5) Facilitating and participating in the development, review, and evaluation of individualized family service plans;

(6) Conducting referral and other activities to assist families in identifying available early intervention service providers;

(7) Coordinating, facilitating, and monitoring the delivery of needed early intervention services and other services identified in the individualized family service plan to ensure that the services are provided in a timely manner;

(8) Conducting follow-up activities to determine that appropriate early intervention services are being provided;

(9) Informing families of their rights and procedural safeguards as set forth in rule 5123-10-01 of the Administrative Code;

(10) Coordinating the funding sources for needed early intervention services in accordance with rule 5123-10-03 of the Administrative Code and other services identified in the individualized family service plan;

(11) Facilitating the development of a transition plan to preschool, school, or, if appropriate, other services in accordance with paragraph (L) of this rule;

(12) Coordinating the information gathering and completion of the child outcomes summary information to assess the child's development at the initial individualized family service plan meeting, annual individualized family service plan meeting, and at the time of the child's exit from the early intervention program;

(13) Providing follow-up, after obtaining the parent's consent, to a professional referral source on form EI-14 ("Professional Referral Follow-Up") within ten calendar days after the initial individualized family service plan meeting or after the child is exited, whichever comes first;

(14) Providing a copy of the initial and annual individualized family service plans, or a summary of the assessment of the child, the family-directed assessment, and the early intervention services, to the child's pediatrician or primary care provider after obtaining parent consent;

(15) Referring the child and the child's family to "Help Me Grow Home Visiting" and other programs in which the parent is interested and for which the child and family may be eligible after obtaining parent permission; and

(16) Documenting the performance of the activities described in paragraphs (N)(1) to (N)(15) of this rule and any other early intervention program activities.

(O) Maintaining early intervention records

(1) An early intervention service coordinator will maintain one record for each child in the early intervention program, which includes, as applicable:

(a) Copies of required forms and all early intervention program correspondence;

(b) Early intervention service coordination case notes that document all early intervention program activities in accordance with paragraph (N)(16) of this rule and are completed within thirty calendar days of the activity;

(d) All individualized family service plans on form EI-04 ("Individualized Family Service Plan"), signed by the individualized family service plan team, including the parent.

(2) Other early intervention service providers will maintain early intervention case notes that are completed within thirty calendar days of the activity as well as the following records for each child that they serve:

(a) Current individualized family service plan;

(b) Copies of relevant forms and all early intervention program correspondence; and

(c) Documentation of the early intervention services provided, including the date, length, duration, frequency, method of delivery, location, and all activities related to implementing the individualized family service plan .

(3) Within ten business days of a request by an early intervention service coordinator, an early intervention service provider will provide a copy of a child's early intervention record.

(P) Exiting and transferring from the early intervention program

(1) The early intervention service coordinator will exit a child from the early intervention program when:

(a) The child is deceased; or

(b) The child reached three years of age.

(2) The early intervention service coordinator will provide prior written notice using form EI-10 ("Prior Written Notice of Exiting") and then exit a child from the early intervention program when any one of the following occurs:

(a) The child was screened in accordance with paragraphs (E) and (F) of this rule and not suspected of having a developmental delay or disability and the parent did not request an evaluation in accordance with paragraphs (E), (G), and (H) of this rule;

(b) The evaluation for eligibility and/or the initial or annual assessment of the child was not completed in accordance with paragraphs (D) and (F) of this rule;

(c) The child was determined not to be eligible to receive early intervention services in accordance with paragraph (D) of this rule;

(d) The parent determined that the family is not in need of individualized family service plan outcomes at this time;

(e) The child's individualized family service plan outcomes were met and no additional individualized family service plan outcomes are needed;

(f) The parent is no longer interested in or able to participate in early intervention;

(g) The parent could not be located, including in order to provide required consent in accordance with paragraph (P)(3) of this rule;

(h) The child moved out of the state of Ohio; or

(i) The child transitioned to part B services with an individualized education program prior to three years of age.

(3) When the early intervention service coordinator cannot locate a parent to obtain required consent, the early intervention service coordinator will use form EI-10 ("Prior Written Notice of Exiting") to provide prior written notice to the parent that the child will be exited if the parent does not contact the early intervention service coordinator within ten calendar days from the date of the notice.

(4) If a child in the early intervention program transfers to another Ohio county, the current early intervention service coordinator will retain the child's original early intervention record kept in accordance with paragraph (O)(1) of this rule and provide an electronic or paper copy of the child's early intervention record to the new county within ten calendar days from the date of record request from the new county of residence. Information kept in the statewide data system will be updated by the current early intervention service coordinator before transfer of the child's record. The receiving early intervention service coordinator will, within forty-five calendar days of the transfer, ensure completion of:

(a) A review of existing eligibility and assessment information;

(b) Updated assessments as necessary; and

View AppendixView AppendixView Appendix

Last updated January 23, 2026 at 5:47 PM

History

Effective: July 4, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5180-10-03 Early intervention program - system of payments.

(A) Purpose

This rule establishes a structure to pay for activities and expenses that are reasonable and necessary for implementing Ohio's early intervention program for eligible children and their families.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an infant or toddler with a developmental delay or disability. The term does not include a medical device that is surgically implanted, including a cochlear implant, or the optimization (e.g., mapping), maintenance, or replacement of that device.

(2) "County board" means a county board of developmental disabilities.

(3) "Department" means the Ohio department of developmental disabilities.

(4) "Early intervention program" means Ohio's statewide system that provides coordinated services to parents of infants and toddlers with delays or disabilities in accordance with part C.

(5) "Early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued in accordance with rule 5123-10-04 of the Administrative Code and assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C.

(6) "Early intervention services" means developmental services described in appendix A to rule 5123-10-02 of the Administrative Code, selected in collaboration with a parent of a child birth through age two who is eligible for services under part C, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(7) "Extraordinary medical expenses" means non-reimbursable costs paid during the individualized family service plan year by the family of the eligible child for medically necessary care, health insurance premiums/co-payments/ deductibles, and modifications to the child's home to make the home accessible when such costs constitute:

(a) At least one per cent of the family's gross income when the family's gross income is less than or equal to two hundred ten per cent of the federal poverty level;

(b) At least two per cent of the family's gross income when the family's gross income is greater than two hundred ten per cent of the federal poverty level and less than or equal to two hundred twenty per cent of the federal poverty level;

(c) At least three per cent of the family's gross income when the family's gross income is greater than two hundred twenty per cent of the federal poverty level and less than or equal to two hundred thirty per cent of the federal poverty level;

(d) At least four per cent of the family's gross income when the family's gross income is greater than two hundred thirty per cent of the federal poverty level and less than or equal to two hundred forty per cent of the federal poverty level;

(e) At least five per cent of the family's gross income when the family's gross income is greater than two hundred forty per cent of the federal poverty level and less than or equal to two hundred seventy per cent of the federal poverty level;

(f) At least six per cent of the family's gross income when the family's gross income is greater than two hundred seventy per cent of the federal poverty level and less than or equal to three hundred per cent of the federal poverty level;

(g) At least seven per cent of the family's gross income when the family's gross income is greater than three hundred per cent of the federal poverty level and less than or equal to four hundred per cent of the federal poverty level; or

(h) At least eight per cent of the family's gross income when the family's gross income is greater than four hundred per cent of the federal poverty level.

(8) "Home and community-based services medicaid waiver component" has the same meaning as in section 5166.01 of the Revised Code.

(9) "Individualized family service plan" means the written plan for providing early intervention services to an eligible child and the child's family. The one hundred units of early intervention services per individualized family service plan year provided at no cost to an eligible child and the child's family in accordance with paragraph (C)(1)(f) of this rule will not serve to limit the team's recommendation of needed early intervention services in the individualized family service plan.

(10) "Individualized family service plan year" means the period, not to exceed three hundred sixty-six calendar days or extend beyond the child's third birthday, beginning on the day signatures are secured on an initial or annual individualized family service plan and ending when signatures are secured on a subsequent annual individualized family service plan.

(11) "Medically necessary care" means a procedure, item, or service that prevents, diagnoses, evaluates, corrects, ameliorates, or treats an adverse health condition such as an illness, injury, disease or its symptoms, emotional or behavioral dysfunction, intellectual deficit, cognitive impairment, developmental delay, or disability and that:

(a) Meets generally accepted standards of medical practice;

(b) Is clinically appropriate in its type, frequency, extent, duration, and delivery setting;

(c) Is appropriate to the adverse health condition for which it is provided and is expected to produce the desired outcome;

(d) Is the lowest cost alternative that effectively addresses and treats the medical problem;

(e) Provides unique, essential, and appropriate information if it is used for diagnostic purposes; and

(f) Is not provided primarily for the economic benefit of the provider nor for the convenience of the provider or anyone else other than the recipient.

(12) "Parent" means a biological or adoptive parent of a child, a guardian, a foster parent or person acting in place of a biological or adoptive parent with whom the child lives, or an appointed surrogate parent, consistent with 34 C.F.R. 303.27, as in effect on the effective date of this rule.

(13) "Part C" means part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445, as in effect on the effective date of this rule, and 34 C.F.R. part 303, as in effect on the effective date of this rule.

(14) "Payor of last resort" means the use of federal part C funds to pay for early intervention services only when all other funding sources have been exhausted. These funds may be used to prevent a delay in the timely provision of early intervention services, pending reimbursement from the agency or entity that has ultimate responsibility for the payment.

(15) "Qualified personnel" means the persons described in appendix B to rule 5123-10-02 of the Administrative Code.

(16) "Team" means the group of persons who develop the individualized family service plan and includes, at a minimum, the parent of the eligible child, other family members when requested by the parent, an advocate or other person outside of the family when requested by the parent, the early intervention service coordinator, and a person who conducted the evaluation or assessment of the child.

(17) "Unit" means either:

(a) Sixty minutes of early intervention services; or

(b) One hundred dollars expended for an assistive technology device.

(1) The department will ensure that the following early intervention services and functions are funded through local, state, and federal public funds and are provided at no cost to eligible children and their families:

(a) Child find;

(b) Evaluation and assessment;

(d) Administrative and coordinating activities related to the development, review, and evaluation of the individualized family service plan and interim individualized family service plan;

(e) Implementation of procedural safeguards in accordance with rule 5123-10-01 of the Administrative Code and paragraph (H) of this rule; and

(f) One hundred units of early intervention services per individualized family service plan year identified as needed in the individualized family service plan.

(2) Early intervention services, other than those listed in paragraphs (C)(1)(a) to (C)(1)(f) of this rule, may be financed through:

(a) County boards, based on a county board's strategic plan and written policy regarding early intervention services in accordance with rule 5123-4-01 of the Administrative Code;

(b) Private insurance of the child or parent, with the consent of the parent of the eligible child obtained using form EI-05 ("Consent to Use Insurance for Early Intervention Services");

(c) Public insurance of the child or parent (e.g., medicaid or children's health insurance program), with the consent of the parent of the eligible child for disclosure of the child's personally-identifiable information to the public insurance program for billing purposes obtained using form EI-05 ("Consent to Use Insurance for Early Intervention Services");

(d) Parent cost participation based on the determination of the parent's ability to pay using form EI-15 ("Determination of Parent Ability to Pay for Early Intervention Services"); and

(e) The department through a combination of state general revenue funds and federal part C funds, with federal part C funds being payor of last resort and approved through submission of form EI-16 ("Payment for Early Intervention Services").

(3) When the first one hundred units of early intervention services per individualized family service plan year are not available from or are denied by the funding sources set forth in paragraphs (C)(2)(a) to (C)(2)(c) of this rule, the department will pay qualified personnel for early intervention services identified as needed in an individualized family service plan, regardless of the parent's ability to pay as determined in accordance with paragraph (D)(2) of this rule.

(4) When more than one hundred units of early intervention services per individualized family service plan year are identified as needed in an individualized family service plan:

(a) A parent determined able to pay for early intervention services in accordance with paragraph (D)(2) of this rule will be responsible for paying the cost of early intervention services.

(b) The child of a parent determined unable to pay for early intervention services in accordance with paragraph (D)(2) of this rule will continue to receive early intervention services at public expense.

(5) Providers of early intervention services, other than county boards, will enter into a contractual relationship with the department for provision of the services.

(D) Determination of a parent's ability to pay for early intervention services

(1) The early intervention service coordinator will explain this rule and determine a parent's ability to pay for early intervention services using form EI-15 ("Determination of Parent Ability to Pay for Early Intervention Services") in accordance with paragraph (D)(2) of this rule within forty-five calendar days of the referral to the early intervention program and within forty-five calendar days of each scheduled annual review of the individualized family service plan.

(2) A parent will be determined able to pay for early intervention services unless:

(a) The parent is receiving services from the special supplemental food program for women, infants, and children, authorized by section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1786, as in effect on the effective date of this rule; or

(b) The parent or the child is receiving medicaid benefits; or

(c) The family's income is less than or equal to that required for Ohio healthy start eligibility for uninsured children (https://ohioearlyintervention.org/ system-of-payments); or

(d) The family has extraordinary medical expenses as determined by the department using form EI-17 ("Extraordinary Medical Expenses Worksheet") and form EI-18 ("Family Out of Pocket Medical Expense Tracking Sheet") within thirty calendar days of the department's receipt of necessary supporting documentation.

(3) A parent who chooses not to share financial information needed by the early intervention service coordinator or the department to determine the parent's ability to pay will be responsible for paying the cost of early intervention services other than the early intervention services listed in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(4) The early intervention service coordinator will inform the parent of the option to submit a request for redetermination of the parent's ability to pay if, after the initial determination, the parent or family meets a criterion set forth in paragraphs (D)(2)(a) to (D)(2)(d) of this rule.

(E) Parent cost participation

(1) When a parent is determined unable to pay in accordance with paragraph (D)(2) of this rule, the eligible child will be provided all early intervention services identified as needed in the individualized family service plan, including those early intervention services that exceed one hundred units per individualized family service plan year, at no cost to the child or family.

(2) When a parent is determined able to pay in accordance with paragraph (D)(2) of this rule, the parent will be responsible for paying the cost of early intervention services, including private insurance co-payments and deductibles, needed to meet the outcomes in the individualized family service plan, other than the early intervention services listed in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(3) A parent will not be charged more than the actual cost of the early intervention services (factoring in any amount received from other sources for payment for those services).

(4) A child or parent with private insurance or public insurance will not be charged disproportionately more than a child or parent without private insurance or public insurance.

(F) Using the private insurance of a child or parent to pay for early intervention services

(1) The early intervention program will not use the private insurance of a child or parent to pay for early intervention services without written consent of the parent obtained using form EI-05 ("Consent to Use Insurance for Early Intervention Services"). Prior to asking a parent if the parent consents to use of private insurance, the early intervention service coordinator will:

(a) Provide the parent with a description of Ohio's system of payments for early intervention services;

(b) Explain this rule;

(c) Explain that there are potential costs (e.g., co-payments, deductibles, premiums, or long-term costs such as the loss of benefits because of annual or lifetime health insurance coverage caps of the insurance policy) and that there may be service limits that the parent may incur when private insurance is used to pay for early intervention services; and

(d) Suggest the parent review the parent's private insurance coverage and contact the insurer if the parent has questions about using private insurance to pay for early intervention services.

(2) When using the private insurance of a child or parent to pay for early intervention services, the early intervention service coordinator will obtain parental consent using form EI-05 ("Consent to Use Insurance for Early Intervention Services") prior to an increase in the amount, duration, or scope of early intervention services specified in the individualized family service plan.

(3) When using the private insurance of a child or parent to pay for early intervention services, the early intervention program:

(a) Will pay the cost of co-payments and deductibles using payor of last resort funds as necessary for the first one hundred units of early intervention services per individualized family service plan year and for additional units of early intervention services when a parent is determined unable to pay in accordance with paragraph (D)(2) of this rule; and

(b) Will not pay the cost of private insurance premiums.

(4) When a child is covered by both private insurance and public insurance and the child's parent consents to the use of private insurance to pay for early intervention services, the use of private insurance is required prior to the use of public insurance to pay for early intervention services.

(G) Using the public insurance of a child or parent to pay for early intervention services

(1) The early intervention program will not require a child or parent to enroll in public insurance programs as a condition of receiving early intervention services, but will share information about the enrollment process for such programs.

(2) The early intervention program will not enroll a child or parent in public insurance programs or use the public insurance of a child or parent to pay for early intervention services if the child or parent is not already enrolled in a public insurance program.

(3) When using the public insurance of a child or parent to pay for early intervention services, the early intervention program will:

(a) Obtain initial, one-time parental consent for disclosure of the child's personally-identifiable information to the public insurance program for billing purposes using form EI-05 ("Consent to Use Insurance for Early Intervention Services").

(b) Make available those early intervention services in the individualized family service plan for which the parent has provided consent.

(c) Provide written notification to the parent prior to using the public insurance of the child or parent to pay for early intervention services. The written notification will include a statement:

(i) That after obtaining parental consent, the child's personally-identifiable information will be disclosed to the public insurance program for billing purposes.

(ii) That the parent has the right, at any time, to withdraw consent of disclosure of the child's personally-identifiable information to the public insurance program.

(iii) That the parent will not be charged co-payments, deductibles, or premiums for using public insurance.

(iv) That for children covered by both private insurance and public insurance, the use of private insurance to pay for early intervention services is required prior to the use of public insurance to pay for early intervention services. When the parent does not consent to use of private insurance, however, neither private insurance nor public insurance will be used to pay for early intervention services and the early intervention program will make available those early intervention services in the individualized family service plan for which the parent has provided consent.

(v) That the parent will not, as a result of using public insurance for early intervention services:

(a) Have to pay for services that would otherwise be covered by the public insurance program;

(b) Incur any premiums or discontinuation of public insurance for the child or the parent;

(c) Risk loss of eligibility for the child or the parent for a home and community-based services medicaid waiver component based on aggregate health-related expenditures; or

(d) Risk decrease in available lifetime coverage or any other insured benefits.

(vi) Of the procedural safeguards set forth in paragraphs (G)(1), (G)(2), and (H) of this rule.

(H) Procedural safeguards

(1) A parent contesting the determination of the parent's ability to pay or imposition of parent cost participation will be afforded the procedural safeguards set forth in part C and rule 5123-10-01 of the Administrative Code, including mediation, state complaint procedures, and due process hearing procedures. In addition, a parent contesting the determination of the parent's ability to pay or the imposition of parent cost participation may request an informal review by the department.

(a) The parent must submit a request for review to the department within thirty calendar days from receipt of notification of the determination of the parent's ability to pay or imposition of parent cost participation. The request must contain a statement of the reasons the parent believes the determination or imposition is incorrect or inappropriate and a proposed resolution.

(b) The department will issue a written decision to the parent within twenty calendar days from receipt of the request for review.

(2) Early intervention services will not be delayed or denied to an eligible child of a parent determined unable to pay for early intervention services in accordance with paragraph (D)(2) of this rule.

(3) Early intervention services will not be delayed or denied to an eligible child due to lack of:

(a) Parental consent to use the private insurance of the child or parent to pay for early intervention services;

(b) The child's or parent's enrollment in public insurance programs; or

(4) Parents will be notified of the procedural safeguards set forth in paragraphs (H)(1) to (H)(3) of this rule at the time of the determination of the parent's ability to pay in accordance with paragraph (D)(2) of this rule and prior to finalization and securing of signatures on the individualized family service plan.

Last updated January 23, 2026 at 5:47 PM

History

Effective: July 4, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5123-4-01

(A) Purpose

This rule establishes standards for the administration and operation of county boards of developmental disabilities that protect the rights of individuals and ensure the safe and equitable provision of services to eligible individuals and their families.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Accreditation term standards" means the method developed by the department for determining the term of accreditation issued to a county board following an accreditation review conducted in accordance with paragraph (Q) of this rule. The department will notify county boards at least sixty calendar days prior to modifying the accreditation term standards.

(2) "Adult services" has the same meaning as in section 5126.01 of the Revised Code.

(3) "County board" means a county board of developmental disabilities.

(4) "Department" means the Ohio department of developmental disabilities.

(5) "Developmental delay" means that a child has not reached developmental milestones expected for the child's chronological age as measured by qualified professionals using appropriate diagnostic instruments and/or procedures.

(a) For children birth through age two, developmental delay will be established in accordance with part C of the Individuals with Disabilities Education Act and rules promulgated by the Ohio department of children and youth.

(b) For children age three through age five, developmental delay will be established in accordance with part B of the Individuals with Disabilities Education Act and rules promulgated by the Ohio department of education and workforce.

(6) "Developmental disability" means a severe, chronic disability that is characterized by all of the following:

(a) It is attributable to a mental or physical impairment or a combination of mental and physical impairments, other than a mental or physical impairment solely caused by mental illness as defined in division (A) of section 5122.01 of the Revised Code;

(b) It is manifested before age twenty-two;

(d) It results in one of the following:

(i) In the case of a person birth through age two, at least one developmental delay or a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay;

(ii) In the case of a person age three through age five, at least two developmental delays in one or more of the following areas of development: physical development, cognitive development, communication development, social or emotional development, and adaptive development; or

(iii) In the case of a person age six or older, a substantial functional limitation in at least three of the following areas of major life activity, as appropriate for the person's age: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and, if the person is age sixteen or older, capacity for economic self-sufficiency; and

(e) It causes the person to need a combination and sequence of special, interdisciplinary, or other type of care, treatment, or provision of services for an extended period of time that is individually planned and coordinated for the person.

(7) "Early intervention services" means developmental services selected in collaboration with the parents of a child birth through age two who is eligible for services under part C of the Individuals with Disabilities Education Act, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(8) "Early intervention system" means Ohio's statewide, coordinated, comprehensive, interagency system for which the Ohio department of children and youth is the lead agency, that promotes transdisciplinary, family-centered services and supports to eligible children birth through age two and their families in accordance with part C of the Individuals with Disabilities Education Act.

(9) "Family support services" means a family support services program described in and administered pursuant to section 5126.11 of the Revised Code.

(10) "Home and community-based services" has the same meaning as in section 5123.01 of the Revised Code.

(11) "Individual" means a person with a developmental disability or for purposes of giving, refusing to give, or withdrawing consent for services, the person's guardian in accordance with section 5126.043 of the Revised Code.

(12) "Individual service plan" means the written description of services, supports, and activities to be provided to an individual.

(13) "Individualized family service plan" means the written plan for providing early intervention services to an eligible child and the child's family.

(14) "Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

(15) "Medicaid local administrative authority" has the same meaning as in section 5126.055 of the Revised Code.

(16) "Service and support administration" means the duties performed by a service and support administrator pursuant to section 5126.15 of the Revised Code.

(17) "Specialized transportation" means transportation services which:

(a) Are arranged or provided by a county board to meet the needs of an individual who is eligible for county board services;

(b) Are not funded through a home and community-based services waiver; and

(1) A county board will develop and adopt by resolution a strategic plan that meets the requirements of sections 5126.04 and 5126.054 of the Revised Code, includes the county board's mission and vision, and addresses the county board's strategy for:

(a) Promoting advocacy for and by individuals served by the county board through the person-centered planning process, activities, and community connections;

(b) Ensuring that individuals receive services in the most integrated setting appropriate to their needs;

(d) Planning and setting priorities based on available resources to meet the needs of children and adults with developmental disabilities residing in the county;

(e) Increasing the number of individuals of working age engaged in competitive integrated employment;

(f) Taking measures to recruit and sustain a sufficient number of providers of services to meet the needs of individuals receiving services in the county; and

(g) Identifying and addressing gaps noted in services.

(2) The strategic plan will be made readily available to individuals and families who receive services, employees of the county board, citizens of the county, and anyone else who requests a copy.

(3) A county board will prepare a strategic plan progress report at least once per year. The strategic plan progress report will be made readily available to individuals and families who receive services, employees of the county board, citizens of the county, and anyone else who requests a copy.

(4) A county board will have a mechanism for accepting public feedback regarding the strategic plan and strategic plan progress reports.

(D) Eligibility determination for county board services

(1) A county board will determine whether a person has a developmental disability and is therefore eligible for county board services in accordance with the definition of "developmental disability" in paragraph (B)(6) of this rule, except that:

(a) Eligibility for service and support administration will be determined in accordance with rule 5123-4-02 of the Administrative Code.

(b) A county board may establish eligibility for county board services for a child age three through age five with a disability who is eligible for services under section 3323.02 of the Revised Code and whose disability is not attributable solely to mental illness as defined in section 5122.01 of the Revised Code.

(2) For a person age sixteen or older, a substantial functional limitation in an area of major life activity is determined through completion of the Ohio eligibility determination instrument (available at https://dodd.ohio.gov/county-boards/assessments/assessments-coedi) and application of criteria found therein.

(3) For a person age six through age fifteen, a substantial functional limitation in an area of major life activity is determined through completion of the children's Ohio eligibility determination instrument (available at https://dodd.ohio.gov/county-boards/assessments/assessments-coedi) and application of criteria found therein.

(4) The Ohio eligibility determination instrument and the children's Ohio eligibility determination instrument will be administered by employees of county boards or regional councils of governments formed under section 5126.13 of the Revised Code by two or more county boards who have successfully completed department-provided training in administration of the instruments.

(5) For a person age three through age five, the evaluation completed by an evaluation team comprised of the person's parents and a group of qualified professionals or the individual education program team and other qualified professionals may be used for eligibility determination.

(6) For a person birth through age two, the eligibility report completed by or for the early intervention system will be used for eligibility determination.

(7) A county board will complete eligibility determination within forty-five calendar days of the request for services or receipt of all necessary information and documents from the referring party or applicant unless extenuating circumstances related to the individual prevent completion within forty-five calendar days. The county board will document extenuating circumstances that delay completion of eligibility determination.

(8) When a person who has been determined eligible for county board services after July 1, 1991 moves or wants to move to another county in Ohio, that person retains eligibility. The new county board, however, may review the person's eligibility. During the review, the person continues to be eligible to receive services. The new county board will assign a service and support administrator to a person who is enrolled in a home and community-based services waiver within thirty calendar days after becoming aware that the person has moved to the county.

(9) All persons who were eligible for county board services and receiving county board services pursuant to Chapter 5126. of the Revised Code on July 1, 1991, will continue to be eligible for those services and to receive services as long as they are in need of services.

(10) All persons who were eligible for case management services and receiving case management services pursuant to Chapter 5126. of the Revised Code on January 10, 1992, will continue to be eligible for those services and to receive services as long as they are in need of services.

(11) All persons determined ineligible for county board services will be referred, with their consent, to other agencies or sources of services.

(12) All persons determined ineligible for county board services will be informed of the process for resolution of complaints and appeals of adverse action in accordance with rule 5123-4-04 of the Administrative Code.

(E) Waiting lists for non-medicaid programs and services

(1) If a county board determines that available resources are not sufficient to meet the needs of all individuals who request non-medicaid programs or services, the county board will establish one or more waiting lists for such programs or services in accordance with the county board's strategic plan described in paragraph (C) of this rule except that a waiting list will not be established for early intervention services to eligible children and their families.

(2) Due process in accordance with rule 5123-4-04 of the Administrative Code will be available to an individual aggrieved by an action of a county board related to the establishment or maintenance of, placement on, the failure to offer services in accordance with, or removal from a waiting list for non-medicaid programs and services established in accordance with paragraph (E)(1) of this rule. A county board may, in accordance with rule 5123-4-04 of the Administrative Code, attempt to informally resolve the matter. An attempt to informally resolve the matter will not affect the individual's right to due process.

(3) A county board will, in the manner specified in rule 5123-4-04 of the Administrative Code, give notice to each individual on the waiting list for non-medicaid programs and services established in accordance with paragraph (E)(1) of this rule, the individual's guardian, and in accordance with section 5126.044 of the Revised Code, the individual's family, as applicable, of the individual's due process rights. The county board will document that such notice was given and the content of the notice.

(4) Upon the department's request, a county board will submit in a format specified by the department, documentation related to its waiting lists for non-medicaid programs and services established in accordance with paragraph (E)(1) of this rule, including but not limited to, information regarding individuals who requested services or were removed from a waiting list.

(F) Statutory authority

A county board will carry out its duties and responsibilities in accordance with Chapter 5126. of the Revised Code. If a county board operates child care or special education programs, the county board will be licensed by the Ohio department of children and youth or the Ohio department of education and workforce, as applicable.

(G) Medicaid local administrative authority

(1) A county board with medicaid local administrative authority will abide by all terms and conditions set forth in the federally-approved waiver documents including any appendices and attachments, sections 5126.055 and 5166.21 of the Revised Code, and administrative rules promulgated by the Ohio department of medicaid.

(2) The department will oversee medicaid local administrative authority activities to ensure compliance with applicable laws and the federally-approved waiver documents. If the department determines that a county board with medicaid local administrative authority is deficient in its administration of medicaid waiver services, the department may take appropriate actions authorized by applicable law including, but not limited to, division (F) of section 5126.055 of the Revised Code or section 5126.056 of the Revised Code.

(3) A county board that participates in the department's medicaid administrative claiming program will comply with the department's policies and procedures governing medicaid administrative claiming and refund any payments that are disallowed by the department, the Ohio department of medicaid, or the federal centers for medicare and medicaid services. A county board may challenge a disallowance by the department in accordance with rule 5123-11-02 of the Administrative Code.

(4) When the department refers an individual for whom the department is paying the nonfederal share of medicaid expenditures for home and community-based services to a county board for enrollment in home and community-based services, the county board will assist the department in expediting the enrollment.

(5) A county board shall not provide home and community-based services.

(H) Adult services provided to individuals who are not enrolled in home and community-based services waivers

(1) A county board providing adult services to individuals who are not enrolled in home and community-based services waivers will adopt a written policy outlining provision of the services.

(2) Adult services to individuals who are not enrolled in home and community-based services waivers will be provided pursuant to section 5126.01 of the Revised Code and rule 5123-2-05 of the Administrative Code.

(3) A person engaged in the direct provision of adult services to individuals who are not enrolled in home and community-based services waivers will meet the training requirements for a person engaged in the direct provision of comparable home and community-based services as set forth in rules of the department including, but not limited to:

(a) Rule 5123-9-13 of the Administrative Code for career planning;

(b) Rule 5123-9-14 of the Administrative Code for vocational habilitation;

(d) Rule 5123-9-16 of the Administrative Code for group employment support; and

(e) Rule 5123-9-17 of the Administrative Code for adult day support.

(I) Specialized transportation services

(1) Specialized transportation will be provided in compliance with applicable laws including, but not limited to, rule 3301-51-10 of the Administrative Code and Chapter 3301-83 of the Administrative Code.

(2) A provider of specialized transportation will:

(a) Ensure that each driver holds a valid driver license as specified by Ohio law.

(b) Ensure that each driver is covered by valid liability insurance as specified by Ohio law.

(c) Obtain, for each driver, a driving record prepared by the bureau of motor vehicles no earlier than fourteen calendar days prior to the date of initial employment as a driver and at least once every three years thereafter. A person whose driving record includes six or more points charged within the preceding twenty-four months is prohibited from transporting individuals.

(d) Require each driver to immediately notify the provider of specialized transportation in writing, if the driver accumulates six or more points charged within the preceding twenty-four months on the driver's driving record or has a driver license suspended or revoked.

(e) Develop and implement written policies and procedures regarding vehicle accessibility, vehicle maintenance, and requirements for vehicle drivers.

(3) Information about an individual receiving specialized transportation will be available to vehicle drivers to the degree that such information might affect safe transportation and the individual's medical well-being. The information will be maintained in a confidential manner.

(4) An individual, while receiving specialized transportation, will not travel in a vehicle on a regularly scheduled route more than ninety minutes one way on any day.

(J) Early intervention services

(1) A county board providing early intervention services will do so in accordance with part C of the Individuals with Disabilities Education Act and rules promulgated by the Ohio department of children and youth.

(2) A county board providing early intervention services will adopt a written policy describing the county board's role in the county's comprehensive system for early intervention services. The policy will identify how the county board will provide early intervention services on a year-round basis to eligible children and their families as part of the early intervention system. The policy will describe the source of funds available to administer early intervention services and the specific role the county board has agreed to fulfill as a partner in the local early intervention system, which may include:

(a) Public awareness/child find;

(b) Evaluation to determine eligibility;

(d) Service coordination;

(e) Early intervention services in everyday routines, activities, and places as developed through the individualized family service plan development process; and

(f) Assurances for procedural safeguards required by part C of the Individuals with Disabilities Education Act and rules promulgated by the Ohio department of children and youth.

(K) Family support services

(1) A county board may use funds allocated for the family support services program as match for medicaid home and community-based services waivers.

(2) When a county board directly awards funds allocated for the family support services program to individuals or family members of individuals, the county board will adopt a written policy governing provision of family support services. The policy will:

(a) Specify that individuals or family members of individuals may receive family support services funds;

(b) Define family members who are eligible to receive family support services funds;

(d) Address whether or not the county board will use an income-based fee schedule to determine eligibility for family support services funds, and if an income-based fee schedule is used, whether or not applicants will be required to submit documentation to verify their income;

(e) Set forth the process for individuals and family members to apply for family support services funds and for the county board to review and approve/disapprove applications; and

(f) Describe payment processes that meet requirements established by the county auditor.

(L) Employees

(1) A county board will enroll each service and support administrator and each staff member who is engaged in a direct services position in the Ohio attorney general's retained applicant fingerprint database (also known as "Rapback").

(2) A county board will provide annual written notice to each staff member explaining the conduct for which the staff member may be placed on the abuser registry and setting forth the requirement for each staff member who is engaged in a direct services position to report in writing to the county board, if the staff member is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code within fourteen calendar days after the date of such charge, conviction, guilty plea, or finding.

(M) Volunteers

(1) A county board may engage volunteers to provide supplemental services.

(2) A county board will ensure that volunteers are at all times under supervision of paid supervisory staff of the county board.

(3) A county board will ensure that volunteers who provide more than forty hours of service working directly with individuals served by the county board during a calendar year receive training in:

(a) The role and responsibilities of the county board with regard to services including person-centered planning, community participation and integration, self-determination, and self-advocacy;

(b) The rights of individuals set forth in section 5123.62 of the Revised Code;

(c) The requirements of rule 5123-17-02 of the Administrative Code including a review of health and welfare alerts issued by the department; and

(d) An overview of emergency procedures.

(4) A county board will ensure that volunteers who provide more than forty hours of service working directly with individuals served by the county board during a calendar year undergo background investigations.

(a) The background investigation for a volunteer will include:

(i) Requiring the volunteer to submit a statement to the county board with the volunteer's signature attesting that the volunteer has not been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code.

(ii) Requiring the volunteer to sign an agreement under which the volunteer agrees to notify the county board within fourteen calendar days if the volunteer is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code. The agreement will provide that failure to make the notification may result in termination of the volunteer's services.

(iii) Checking each of the databases described in paragraph (C)(2) of rule 5123-2-02 of the Administrative Code to determine if the volunteer is included.

(iv) Obtaining a criminal records check conducted by the Ohio bureau of criminal identification and investigation. If the volunteer does not present proof that the volunteer has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the criminal records check will include information from the federal bureau of investigation.

(b) A county board will, at a frequency of no less than once every five years, conduct a background investigation in accordance with paragraph (M)(4)(a) of this rule for each volunteer.

(i) Is included in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(f) of rule 5123-2-02 of the Administrative Code; or

(ii) Has a conviction for, pleads guilty to, or is found eligible for intervention in lieu of conviction for any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code if the corresponding exclusionary period as specified in paragraph (E) of rule 5123-2-02 of the Administrative Code has not elapsed.

(N) Cost reports

A county board will:

(1) Annually prepare and electronically file a cost report detailing its income and expenditures in accordance with section 5126.131 of the Revised Code and guidelines established by the department.

(2) Reconcile its income and expenditures on a monthly basis in accordance with standards established by the county auditor.

(3) Retain the cost report and accurate records and documentation necessary to support the cost report for six years from the date of receipt of payment for the final settlement of the cost report or until an initiated audit is resolved, whichever is longer.

(4) Ensure its business manager and other county board personnel who prepare cost reports or supporting documentation successfully complete:

(a) A department-provided orientation program in cost report preparation within ninety calendar days of employment or contract; and

(b) Department-provided annual training in cost report preparation thereafter.

(O) Records

(1) A county board will maintain fiscal records that are in compliance with county and state auditor's requirements pursuant to section 149.38 of the Revised Code.

(2) A county board will adopt written policies and procedures which address confidentiality, access, duplication, dissemination, and destruction of county board personnel records.

(3) A county board will adopt written policies and procedures which address confidentiality, access, duplication, dissemination, and destruction of records of individuals served in accordance with the Health Insurance Portability and Accountability Act, 42 U.S.C. 1320d, and as applicable, the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.

(4) A county board will maintain records used to determine eligibility for county board services of all persons who apply on or after July 1, 1991.

(a) Records used to determine eligibility for county board services pertaining to a person determined ineligible for county board services will be maintained for five years after such determination is made.

(b) Records used to determine eligibility for county board services pertaining to a person determined eligible for county board services will be maintained for the duration of the person's lifespan.

(5) Records of a county board will be accessible to department personnel authorized by the director of the department.

(6) A county board will submit information and reports as directed by the department.

(7) A county board will ensure that information about individuals served, including the individual's living arrangements and address, guardianship status, and guardian's address and contact information, is updated in the department's information systems within fifteen calendar days of any change.

(P) Safety

(1) The design and maintenance of county board facilities and equipment will be in conformance with all applicable laws, including the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(2) Each facility owned, leased, or operated by a county board will be inspected annually by the local fire marshal or designee to ensure compliance with fire safety practices.

(3) If a county board provides a swimming program, regardless of location, a person who holds a current "American Red Cross" or equivalent lifeguarding certificate will be present.

(4) A county board will develop written building emergency plans which include procedures for fire, tornado, bomb threat, power failure, natural disaster, medical emergency, and other emergencies. The building emergency plans will be available to all county board personnel, volunteers, individuals served, parents, and guardians.

(Q) County board accreditation

(1) The department will conduct an accreditation review of each county board at least once every three years to determine the county board's compliance with applicable statutes and rules. An accreditation review will include a comprehensive on-site review conducted by representatives of the department at the county board's offices and facilities and may include off-site review of records, documents, or other materials.

(2) There are three possible outcomes of an accreditation review determined in accordance with the accreditation term standards:

(a) The department will issue accreditation for a term of three years to a county board that demonstrates or exceeds minimum compliance with applicable statutes and rules;

(b) The department will issue accreditation for a term of one year to a county board that is unable to demonstrate minimum compliance with applicable statutes and rules; or

(c) The department will hold accreditation in abeyance for a county board that is in significant noncompliance with applicable statutes and rules. The department will work with the county board to develop an acceptable plan of correction within ninety calendar days. If an acceptable plan of correction is not developed within ninety calendar days, the county board may be subject to receivership pursuant to section 5126.081 of the Revised Code. While a county board's accreditation is in abeyance, the county board will not enroll individuals in home and community-based services waivers.

(3) The department will notify a county board at least ninety calendar days prior to conducting an accreditation review.

(4) After conclusion of the comprehensive on-site review, the department will conduct an exit conference with the superintendent of the county board and any other persons the county board invites. The purpose of the exit conference is to provide the county board with an oral summary of the county board's compliance status and present any findings of noncompliance. The exit conference may be held on-site at the conclusion of the on-site review but will be conducted no more than five business days following the conclusion of the on-site review except by mutual agreement between the department and the superintendent of the county board.

(5) Within ten calendar days of conclusion of the on-site review, the department will issue, to the president of the county board or the president's designee, the superintendent of the county board, and the county board's designated contact for the accreditation review, a written accreditation review summary or a written explanation of the reason for delay in issuance of the written accreditation review summary.

(a) A written accreditation review summary will be objective in terms of observations and citations, relying upon documentation that clearly addresses the standards reviewed.

(b) A written explanation of the reason for delay in issuance of the written accreditation review summary will include the date by which the department will issue a written accreditation review summary, which will be no more than twenty calendar days after conclusion of the accreditation review.

(6) Within fourteen calendar days of receipt of a written accreditation review summary that includes one or more citations, the county board will submit via the department's web-based review data system, a written appeal or a written plan of correction for each citation. If the county board does not submit a written appeal within fourteen calendar days, the accreditation review summary will be final and not subject to appeal by the county board.

(a) The appeal for a citation will include the county board's basis with supporting documentation for challenging the citation. The department will allow or disallow the appeal within ten calendar days of receipt.

(b) If the appeal is disallowed, the county board will submit a written plan of correction for each citation to the department within fourteen calendar days. The written plan of correction will include:

(i) A description of corrective action, including systemic changes necessary to prevent recurrence; and

(ii) Implementation date of corrective action.

(d) The department will not issue the accreditation term until the county board's written plan of correction is approved. When a county board's accreditation is in abeyance, the accreditation term will not be issued until the department has verified the written plan of correction has been implemented.

(7) When a county board fails to submit a plan of correction in accordance with this rule, or when a county board fails to implement a plan of correction approved by the department, the department may deny accreditation.

(8) The department will recognize a county board's achievement of outstanding results or development of successful services and programs for individuals served.

(R) Providing applicable statutes and rules

A county board will, upon request, assist any interested party to locate and secure a copy of provisions of Chapter 5126. of the Revised Code and the administrative rules of the department. The county board will ensure that employees of the county board and entities under contract with the county board receive information about revisions to the Revised Code and administrative rules of the department that are pertinent to their roles.

(S) Residential options resources

A county board will:

(1) Post, at the county board's website, a link to the department's residential options counseling pamphlet (https://dodd.ohio.gov/forms-and-rules/forms/pamphlet-options-counseling) and provide the pamphlet to individuals in accordance with guidance issued by the department.

(2) Post, at the county board's website, a link to the department's search tool for intermediate care facilities for individuals with intellectual disabilities (https://dodd.ohio.gov/your-family/community-living/icf_search_map).

(T) Procedure to waive rule requirements

(1) For good cause, the director of the department may waive a condition or specific requirement of a rule in Chapter 5123-4 of the Administrative Code. The director's decision to waive a condition or specific requirement will not be contrary to the rights, health, or safety of individuals served.

(2) A county board may initiate a request for the director of the department to waive a condition or specific requirement by submitting the request in writing.

(a) The director may require or solicit input regarding the county board's request from individuals receiving services, individuals' guardians, or other persons.

(b) The director will grant or deny a request submitted by a county board within ten business days of receipt of the request or within such longer period of time as the director deems necessary.

(d) The director's decision to grant or deny a request is not subject to appeal.

Last updated April 17, 2026 at 8:04 AM

History

Effective: April 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180-10-04 Early intervention program - credentials for early intervention service coordinators and early intervention service coordination supervisors.

(A) Purpose

This rule establishes minimum qualifications through credentialing standards for early intervention service coordinators and early intervention service coordination supervisors. All persons working in the early intervention program as early intervention service coordinators or early intervention service coordination supervisors will hold the appropriate credential in accordance with this rule.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Accredited college or university" means a college or university accredited by a national or regional association recognized by the secretary of the United States department of education or a foreign college or university of comparable standing.

(2) "Administrative supervision" means the oversight and management provided by an early intervention service coordination supervisor of the functions performed by an early intervention service coordinator (i.e., the supervisee) including:

(a) Clarification of roles;

(b) Planning and assignment of work;

(d) Accountability and responsibility for the supervisee's work by the early intervention service coordination supervisor; and

(e) Maintaining records sufficient to document the dates and times that administrative supervision occurs for each supervisee.

(3) "Credit hour" means one semester hour or one and one-half quarter hours of college credit issued by an accredited college or university.

(4) "Department" means the Ohio department of developmental disabilities.

(5) "Director" means the director of the Ohio department of developmental disabilities or that person's designee.

(6) "Early intervention program" means Ohio's statewide system that provides coordinated services to parents of infants and toddlers with delays or disabilities in accordance with part C.

(7) "Early intervention service coordination agency" means a person, agency, or other entity that employs early intervention service coordinators and/or early intervention service coordination supervisors.

(8) "Early intervention service coordination supervisor" means a person who holds an early intervention service coordination supervisor credential issued in accordance with this rule and supervises early intervention service coordinators by engaging in administrative supervision and reflective supervision.

(9) "Early intervention service coordinator" means a person who holds an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued in accordance with this rule and assists and enables an infant or toddler with a developmental delay or disability and the child's family to receive the services and rights, including procedural safeguards, required under part C.

(10) "Early intervention services" means developmental services described in appendix A to rule 5123-10-02 of the Administrative Code, selected in collaboration with a parent of a child birth through age two who is eligible for services under part C, and designed to meet the developmental needs of the child and the needs of the child's family to assist appropriately in the child's development as identified in the individualized family service plan.

(11) "Part C" means part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445, as in effect on the effective date of this rule, and 34 C.F.R. part 303, as in effect on the effective date of this rule.

(12) "Professional development" means department-approved training, courses, or seminars that enhance the knowledge, skills, and competencies of early intervention service coordinators and early intervention service coordination supervisors. Professional development will be verified as successfully completed by the department (or, at the department's discretion, by an entity under contract or other agreement with the department) and:

(a) Be pertinent to serving infants and toddlers with disabilities and their families;

(b) Support and align with evidenced-based early intervention practices; and

(c) Be relevant to the role of the early intervention service coordinator or the early intervention service coordination supervisor, as applicable.

(13) "Reflective supervision" means the recurring and collaborative interaction between an early intervention service coordination supervisor and an early intervention service coordinator (i.e., the supervisee).

(a) Reflective supervision will:

(i) Advance ongoing opportunities for learning to ensure high-quality early intervention services;

(ii) Be based on feedback from the early intervention service coordinator's colleagues and families served, on-the-job observations, and records review; and

(iii) Help the early intervention service coordinator self-reflect on implementation of theories and approaches across early intervention services disciplines for the purpose of professional growth and development.

(b) The number of hours of reflective supervision required per month varies based on the credential held by the supervisee:

(i) For a supervisee who holds a one-year early intervention service coordinator credential, the number of hours of reflective supervision required per month is calculated by multiplying the average number of hours worked per week by ten per cent (e.g., four hours per month is required for an early intervention service coordinator working forty hours per week); or

(ii) For a supervisee who holds a five-year early intervention service coordinator credential, the number of hours of reflective supervision required per month is calculated by multiplying the average number of hours worked per week by five per cent (e.g., two hours per month is required for an early intervention service coordinator working forty hours per week).

(c) An early intervention service coordination supervisor will maintain records sufficient to document the dates and times that reflective supervision occurs for each supervisee.

(14) "Service coordination" means the functions performed by an early intervention service coordinator as set forth in paragraphs (N)(1) to (N)(16) of rule 5123-10-02 of the Administrative Code.

(1) One-year early intervention service coordinator credential

(a) The department may issue an initial early intervention service coordinator credential for a period of one year to an applicant who:

(i) Is employed by or under contract with an early intervention service coordination agency.

(ii) Holds an associate's degree or has earned at least sixty credit hours from an accredited college or university.

(iii) Has successfully completed department-provided professional development in:

(a) Introduction to early intervention services;

(b) Mission and key principles of early intervention;

(d) Individualized family service plan overview;

(e) Mandated reporting of suspected child abuse or neglect;

(f) Service coordination duties and processes;

(g) Parent rights and procedural safeguards in early intervention; and

(h) Infant and toddler development.

(b) The department may renew the early intervention service coordinator credential one time for a subsequent period of one year for an applicant who needs additional time to meet the requirements for a five-year early intervention service coordinator credential in accordance with paragraph (C)(2) of this rule, who is employed by or under contract with an early intervention service coordination agency, and who has successfully completed department-provided principles of early intervention service coordination training in:

(i) Introduction to early intervention service coordination;

(ii) Individualized family service plan process;

(iii) Monitoring early intervention service delivery; and

(iv) Transition from early intervention.

(2) Five-year early intervention service coordinator credential

(a) The department may issue an initial five-year early intervention service coordinator credential to an applicant who:

(i) Holds an associate's degree or has earned at least sixty credit hours from an accredited college or university.

(ii) Has successfully completed department-provided professional development in:

(a) Introduction to early intervention services;

(b) Mission and key principles of early intervention;

(d) Individualized family service plan overview;

(e) Mandated reporting of suspected child abuse or neglect;

(f) Service coordination duties and processes;

(g) Parent rights and procedural safeguards in early intervention; and

(h) Infant and toddler development.

(iii) Has successfully completed all components of department-provided principles of early intervention service coordination training.

(iv) Has documentation demonstrating successful completion of the early intervention service coordinator skills and competencies checklist.

(v) Has worked for at least one thousand hours during the most recent five-year period as an early intervention service coordinator and/or directly providing early intervention services through individualized family service plans.

(b) The department may renew an early intervention service coordinator credential for subsequent periods of five years provided the applicant has:

(i) Worked for at least four thousand hours during the most recent five-year period as an early intervention service coordinator and/or directly providing early intervention services through individualized family service plans.

(ii) Successfully completed fifty hours of professional development during the most recent five-year period.

(D) Early intervention service coordination supervisor credential

(1) One-year early intervention service coordination supervisor credential

(a) The department may issue an initial early intervention service coordination supervisor credential for a period of one year to an applicant who:

(i) Is employed by or under contract with an early intervention service coordination agency.

(ii) Holds a bachelor's degree or graduate-level degree from an accredited college or university.

(iii) Has successfully completed department-provided professional development in:

(a) Introduction to early intervention services;

(b) Mission and key principles of early intervention;

(d) Individualized family service plan overview;

(e) Mandated reporting of suspected child abuse or neglect;

(f) Service coordination duties and processes;

(g) Parent rights and procedural safeguards in early intervention; and

(h) Infant and toddler development.

(b) The department may renew the early intervention service coordination supervisor credential one time for a subsequent period of one year for an applicant who needs additional time to meet the requirements for a five-year early intervention service coordination supervisor credential in accordance with paragraph (D)(2) of this rule, who is employed by or under contract with an early intervention service coordination agency, and who has successfully completed department-provided principles of early intervention service coordination training in:

(i) Introduction to early intervention service coordination;

(ii) Individualized family service plan process;

(iii) Monitoring early intervention service delivery; and

(iv) Transition from early intervention.

(2) Five-year early intervention service coordination supervisor credential

(a) The department may issue an initial five-year early intervention service coordination supervisor credential to an applicant who:

(i) Holds a bachelor's degree or graduate-level degree from an accredited college or university.

(ii) Has successfully completed department-provided professional development in:

(a) Introduction to early intervention services;

(b) Mission and key principles of early intervention;

(d) Individualized family service plan overview;

(e) Mandated reporting of suspected child abuse or neglect;

(f) Service coordination duties and processes;

(g) Parent rights and procedural safeguards in early intervention; and

(h) Infant and toddler development.

(iii) Has successfully completed all components of department-provided principles of early intervention service coordination training.

(iv) Has successfully completed professional development in reflective supervision techniques.

(b) The department may renew an early intervention service coordination supervisor credential for subsequent periods of five years provided the applicant has successfully completed fifty hours of professional development during the most recent five-year period.

(E) Active early intervention service coordinator credentials and early intervention service coordination supervisor credentials issued prior to the effective date of this rule

(1) Early intervention service coordinator credentials and early intervention service coordination supervisor credentials issued prior to the effective date of this rule will remain in effect until they are scheduled to expire.

(2) A person holding an early intervention service coordinator credential or an early intervention service coordination supervisor credential issued prior to the effective date of this rule may renew the credential provided the person meets the requirements set forth in, as applicable:

(a) Paragraph (C)(1)(b) of this rule for one-year early intervention service coordinator credential; or

(b) Paragraph (C)(2)(b) of this rule for five-year early intervention service coordinator credential; or

(d) Paragraph (D)(2)(b) of this rule for five-year early intervention service coordination supervisor credential.

(F) Renewal of expired early intervention service coordinator credentials and early intervention service coordination supervisor credentials issued by the department

(1) Early intervention service coordinator credentials and early intervention service coordination supervisor credentials issued on or after the effective date of this rule that have been expired for fewer than ninety calendar days may be renewed upon completion of all renewal requirements of the expired credential.

(2) Early intervention service coordinator credentials and early intervention service coordination supervisor credentials issued on or after the effective date of this rule that have been expired for ninety or more calendar days will not be renewed; the applicant will be required to meet the requirements for the initial five-year credential in accordance with this rule.

(3) A person whose early intervention service coordinator credential or early intervention service coordination supervisor credential has lapsed may not provide or supervise the provision of early intervention service coordination during the period the credential is lapsed.

(G) Appeal and administrative review

(1) An applicant for the early intervention service coordinator credential or the early intervention service coordination supervisor credential whose application is denied may appeal to the entity under contract with the department for the purpose of hearing such appeals. The applicant may submit additional education, training, credentials, or other documentation to support the appeal. The entity under contract with the department for the purpose of hearing such appeals will evaluate the appeal and respond to the applicant within fourteen calendar days. If after completing the process set forth in this paragraph, the applicant still believes that the application should not have been denied, the applicant may request an administrative review by the director in accordance with paragraph (G)(2) of this rule.

(2) An applicant for the early intervention service coordinator credential or the early intervention service coordination supervisor credential whose appeal submitted in accordance with paragraph (G)(1) of this rule is denied, may request in writing, within thirty calendar days of the denial, an administrative review by the director. The applicant may submit additional education, training, credentials, or other documentation to support the request. The director will evaluate the request and respond to the applicant within thirty calendar days. The director's decision is not subject to appeal.

(H) Denial, suspension, or revocation

(1) The director will deny, suspend, or revoke an early intervention service coordinator credential or an early intervention service coordination supervisor credential if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant or holder has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(2) The director will deny or revoke an early intervention service coordinator credential or an early intervention service coordination supervisor credential if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant or holder:

(a) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123-2-02 of the Administrative Code;

(b) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(c) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(d) Has been convicted of or pleaded guilty to any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(e) Has been convicted of or pleaded guilty to multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123-2-02 of the Administrative Code has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole; or

(f) Has been included in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(f) of rule 5123-2-02 of the Administrative Code.

(3) A conviction of or a plea of guilty to a disqualifying offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123-2-02 of the Administrative Code will not constitute grounds for the denial or revocation of an early intervention service coordinator credential or an early intervention service coordination supervisor credential if the requirements in paragraph (F) of rule 5123-2-02 of the Administrative Code are met.

(4) Applicants for or holders of an early intervention service coordinator credential or an early intervention service coordination supervisor credential will disclose a conviction, including a conviction that has been sealed, for a disqualifying offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123-2-02 of the Administrative Code.

(I) Procedure to waive a requirement of this rule

(1) For good cause, the director may waive a condition or specific requirement of this rule. The director's decision to waive a condition or specific requirement will not be contrary to the rights, health, or safety of persons receiving early intervention services.

(2) An early intervention service coordination agency may initiate a request for the director to waive a condition or specific requirement of this rule by submitting the request in writing.

(a) The director may require or solicit input regarding the early intervention service coordination agency's request from persons receiving early intervention services or other persons.

(b) The director will grant or deny a request submitted by an early intervention service coordination agency within ten business days of receipt of the request or within such longer period of time as the director deems necessary.

(d) The director's decision to grant or deny a request is not subject to appeal.

Last updated January 23, 2026 at 5:47 PM

History

Effective: July 4, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5123-2-02

(A) Purpose

This rule establishes standards for conducting background investigations on persons employed or seeking employment in Ohio's service delivery system for individuals with developmental disabilities.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Agency provider" means a person, association, corporation, nonprofit organization, partnership, trust, or other group of persons that provides specialized services and employs, directly or through contract, one or more persons in a direct services position.

(2) "Applicant" means:

(a) A person who is under final consideration for appointment to or employment with the department or a county board;

(b) A person who is being transferred to the department or a county board;

(d) A person under final consideration for a direct services position with an agency provider or subcontractor.

(3) "Candidate" means:

(a) The director of operations of an agency provider that applies pursuant to section 5123.161 or 5123.164 of the Revised Code for supported living certification; or

(b) A person who applies pursuant to section 5123.161 or 5123.164 of the Revised Code for supported living certification as an independent provider.

(4) "County board" means a county board of developmental disabilities.

(5) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.

(6) "Department" means the Ohio department of developmental disabilities.

(7) "Direct services position" means an employment position in which the employee has the opportunity to be alone with or exercises supervision or control over one or more individuals.

(8) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of the Revised Code.

(9) "Employee" means a person appointed to or employed by the department or a county board or a person employed in a direct services position by an agency provider or subcontractor. "Employee" does not mean a person who provides only respite care to the person's family member under a family support services program established pursuant to section 5126.11 of the Revised Code.

(10) "Independent provider" means a self-employed person who provides services for which the person is certified in accordance with rule 5123-2-09 of the Administrative Code and does not employ, either directly or through contract, anyone else to provide the services.

(11) "Individual" means a person with a developmental disability.

(12) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(13) "Multiple disqualifying offenses" means two or more convictions or guilty pleas to disqualifying offenses. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.

(14) "Responsible entity" means:

(a) The department in the case of an applicant under final consideration for appointment to or employment with the department, being transferred to the department, or being recalled to or reemployed by the department after a layoff or a person appointed to or employed by the department;

(b) A county board in the case of an applicant under final consideration for appointment to or employment with the county board, being transferred to the county board, or being recalled to or reemployed by the county board after a layoff or a person appointed to or employed by the county board;

(c) An agency provider in the case of an applicant under final consideration for a direct services position with the agency provider or a person employed in a direct services position by the agency provider; or

(d) A subcontractor in the case of an applicant under final consideration for a direct services position with the subcontractor or a person employed in a direct services position by the subcontractor.

(15) "Retained applicant fingerprint database" means the database also known as "Rapback," maintained by the bureau of criminal identification and investigation pursuant to section 109.5721 of the Revised Code that contains the fingerprints of persons for whom the bureau of criminal identification and investigation has conducted criminal records checks.

(16) "Specialized services" mean any program or service designed and operated to serve primarily individuals with developmental disabilities, including a program or service provided by an entity licensed or certified by the department. If there is a question as to whether a provider or subcontractor is providing specialized services, the provider or subcontractor may request that the director of the department make a determination. The director's determination is not subject to appeal. Programs or services available to the general public are not specialized services.

(17) "Subcontractor" means a person to which both of the following apply:

(a) The person has:

(i) A subcontract with an agency provider to provide specialized services included in the contract between the agency provider and the department or a county board; or

(ii) A subcontract with another subcontractor to provide specialized services included in a subcontract between the other subcontractor and an agency provider or other subcontractor.

(b) The person employs one or more persons in direct services positions.

(1) A responsible entity shall, prior to employing an applicant, or conditionally employing an applicant in accordance with paragraph (C)(7) of this rule:

(a) Require the applicant to complete an employment application and provide the names and addresses of present and former employers; and

(b) Attempt to obtain references from the applicant's present and former employers and maintain written evidence that reference checks were attempted and/or completed.

(2) Prior to employing an applicant, or conditionally employing an applicant in accordance with paragraph (C)(7) of this rule, a responsible entity shall check each of the following databases to determine if the applicant is included:

(a) The list of excluded persons and entities maintained by the office of inspector general in the United States department of health and human services pursuant to section 1128 of the Social Security Act, 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, and section 1156 of the Social Security Act, 96 Stat. 388 (1982), 42 U.S.C. 1320c-5 (available at https://exclusions.oig.hhs.gov);

(b) The abuser registry established pursuant to section 5123.52 of the Revised Code (available at https://its.prodapps.dodd.ohio.gov/abr_default.aspx);

(c) The nurse aide registry established pursuant to section 3721.32 of the Revised Code (available at https://nurseaideregistry.odh.ohio.gov/Public/PublicNurseAideSearch) and there is a statement detailing findings by the director of the Ohio department of health that the applicant or employee neglected or abused a resident of a long-term care facility or residential care facility or misappropriated property of such a resident;

(d) The sex offender and child-victim offender database established pursuant to division (A)(11) of section 2950.13 of the Revised Code (available at https://www.icrimewatch.net/index.php?agencyid=55149&disc=);

(e) The United States general services administration system for award management database (available at https://www.sam.gov);

(f) The Ohio department of medicaid provider exclusion and suspension list (available at https://medicaid.ohio.gov/resources-for-providers/enrollment-and-support/provider-enrollment/provider-exclusion-and-suspension-list); and

(g) The database of incarcerated and supervised offenders established pursuant to section 5120.66 of the Revised Code (available at https://appgateway.drc.ohio.gov/offendersearch).

(3) A responsible entity shall not employ an applicant, conditionally employ an applicant in accordance with paragraph (C)(7) of this rule, or continue to employ an employee if the applicant or employee is included in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(f) of this rule.

(4) Prior to employing an applicant, or conditionally employing an applicant in accordance with paragraph (C)(7) of this rule, in a position that involves transporting individuals or operating the responsible entity's vehicles for any purpose, a responsible entity shall verify that the applicant has a valid motor vehicle operator's license and obtain the applicant's driving record prepared by the bureau of motor vehicles. A person whose driving record includes six or more points charged within the preceding twenty-four months is prohibited from transporting individuals.

(5) Prior to employing an applicant, or conditionally employing an applicant in accordance with paragraph (C)(7) of this rule, a responsible entity shall require the applicant:

(a) Submit a statement to the responsible entity with the applicant's signature attesting that the applicant has not been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense. An applicant or employee shall disclose to the responsible entity a conviction for any offense that has been sealed.

(b) Sign an agreement under which the applicant agrees to notify the responsible entity within fourteen calendar days if, while employed by the responsible entity, the applicant is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for a disqualifying offense. The agreement shall provide that failure to make the notification may result in termination of employment.

(6) Prior to employing an applicant, or conditionally employing an applicant in accordance with paragraph (C)(7) of this rule, a responsible entity shall request the bureau of criminal identification and investigation to conduct a criminal records check of the applicant. If an applicant does not present proof that the applicant has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the responsible entity shall request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. If an applicant presents proof that the applicant has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the responsible entity may request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. For purposes of this paragraph, an applicant may provide proof of Ohio residency by presenting, with a signed statement asserting that the applicant has been a resident of Ohio for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the applicant's permanent residence, or any other document the responsible entity considers acceptable.

(7) A responsible entity may conditionally employ an applicant, for a period not to exceed sixty calendar days, pending receipt of information concerning the applicant's criminal records check under the following conditions:

(a) Prior to conditionally employing an applicant, the responsible entity shall have:

(i) Received the completed employment application and names and addresses of present and former employers from the applicant as required by paragraph (C)(1)(a) of this rule;

(ii) Attempted to obtain references from the applicant's present and former employers as required by paragraph (C)(1)(b) of this rule;

(iii) Checked each of the databases described in paragraph (C)(2) of this rule and determined the applicant is not included in one or more of the databases;

(iv) Verified the applicant has a valid motor vehicle operator's license and obtained the applicant's driving record prepared by the bureau of motor vehicles as required by paragraph (C)(4) of this rule for a position that involves transporting individuals or operating the responsible entity's vehicles for any purpose, and determined the applicant's driving record does not include six or more points charged within the preceding twenty-four months;

(v) Received the attestation from the applicant as required by paragraph (C)(5)(a) of this rule; and

(vi) Received the signed agreement from the applicant as required by paragraph (C)(5)(b) of this rule.

(b) The responsible entity shall terminate the applicant's employment:

(i) Immediately, if the responsible entity is informed that the applicant has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense; or

(ii) On the sixty-first calendar day, if the responsible entity has not yet received the applicant's criminal records check from the bureau of criminal identification and investigation, and when applicable, the federal bureau of investigation.

(8) A responsible entity shall:

(a) Enroll each employee in a direct services position in the retained applicant fingerprint database within fourteen calendar days of receiving the employee's criminal records check from the bureau of criminal identification and investigation or within fourteen calendar days of the employee's date of hire, whichever is later;

(b) Maintain enrollment in the retained applicant fingerprint database for each employee in a direct services position throughout the employee's tenure; and

(i) Check the databases specified in paragraph (C)(2) of this rule for each employee in a direct services position; and

(ii) Request the bureau of criminal identification and investigation to obtain a federal bureau of investigation criminal records check of each employee in a direct services position who does not present proof that the employee has been a resident of Ohio for the five-year period immediately prior. For purposes of this paragraph, an employee in a direct services position may provide proof of Ohio residency by presenting, with a signed statement asserting that the employee has been a resident of Ohio for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the employee's permanent residence, or any other document the responsible entity considers acceptable.

(9) In the case that a responsible entity is notified by the bureau of criminal identification and investigation that an employee in a direct services position cannot be enrolled in the retained applicant fingerprint database, the responsible entity shall, at a frequency of no less than once every five years, request the bureau of criminal identification and investigation to conduct a criminal records check of the employee. If an employee in a direct services position does not present proof that the employee has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the responsible entity shall request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. If an employee in a direct services position presents proof that the employee has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the responsible entity may request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. For purposes of this paragraph, an employee in a direct services position may provide proof of Ohio residency by presenting, with a signed statement asserting that the employee has been a resident of Ohio for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the employee's permanent residence, or any other document the responsible entity considers acceptable.

(D) Requirements for candidates

(1) At the point of a candidate's application for initial supported living certification, the candidate shall request the bureau of criminal identification and investigation to conduct a criminal records check of the candidate. If a candidate does not present proof that the candidate has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the candidate shall request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. If a candidate presents proof that the candidate has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the department may require the candidate to request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. For purposes of this paragraph, a candidate may provide proof of Ohio residency by presenting, with a signed statement asserting that the candidate has been a resident of Ohio for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the candidate's permanent residence, or any other document the department considers acceptable.

(a) The candidate shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check requested.

(b) The candidate shall instruct the bureau of criminal identification and investigation to submit the completed report of the criminal records check directly to the department.

(2) At the point of a candidate's application for initial or renewal supported living certification, the department shall check the databases specified in paragraph (C)(2) of this rule to determine if the candidate is included. The department shall not issue supported living certification to a candidate if the candidate is included in one or more of the databases described in paragraphs (C)(2)(a) to (C)(2)(f) of this rule.

(3) At the point of a candidate's application for initial or renewal supported living certification, the candidate shall submit a statement to the department with the candidate's signature attesting that the candidate has not been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense. A candidate shall disclose a conviction for any offense that has been sealed.

(4) At the point of a candidate's application for initial or renewal supported living certification, the candidate shall sign an agreement under which the candidate agrees to notify the department within fourteen calendar days if, while holding supported living certification, the candidate is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for a disqualifying offense. The agreement shall provide that failure to make the notification may result in denial, revocation, or suspension of the candidate's supported living certification.

(5) At the point of a candidate's application for initial or renewal supported living certification as an independent provider, the candidate shall obtain and provide to the department the candidate's driving record prepared by the bureau of motor vehicles if the services the candidate will provide involve transporting individuals. The department may consider the candidate's driving record when determining whether to issue supported living certification. A person whose driving record includes six or more points charged within the preceding twenty-four months is prohibited from transporting individuals.

(6) When the department issues initial supporting living certification to a candidate, the department shall enroll the candidate in the retained applicant fingerprint database. In the case that the department is notified by the bureau of criminal identification and investigation that a candidate cannot be enrolled in the retained applicant fingerprint database, the candidate shall, at a frequency of no less than once every five years, request the bureau of criminal identification and investigation to conduct a criminal records check of the candidate. If a candidate does not present proof that the candidate has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the candidate shall request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. If a candidate presents proof that the candidate has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested, the department may require the candidate to request that the bureau of criminal identification and investigation obtain information from the federal bureau of investigation as part of the criminal records check. For purposes of this paragraph, a candidate may provide proof of Ohio residency by presenting, with a signed statement asserting that the candidate has been a resident of Ohio for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the candidate's permanent residence, or any other document the department considers acceptable.

(b) The candidate shall instruct the bureau of criminal identification and investigation to submit the completed report of the criminal records check directly to the department.

(E) Disqualifying offenses

(1) There are five tiers of disqualifying offenses with corresponding time periods that preclude an applicant from being employed or an employee from remaining employed by a responsible entity and preclude a candidate from receiving supported living certification issued by the department.

(a) Tier one: permanent exclusion

No responsible entity shall employ an applicant or continue to employ an employee, nor shall the department issue supported living certification to a candidate, if the applicant, employee, or candidate has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following sections of the Revised Code:

(i) 2903.01 (aggravated murder);

(ii) 2903.02 (murder);

(iii) 2903.03 (voluntary manslaughter);

(iv) 2903.11 (felonious assault);

(v) 2903.15 (permitting child abuse);

(vi) 2903.16 (failing to provide for a functionally impaired person);

(vii) 2903.34 (patient abuse or neglect);

(viii) 2903.341 (patient endangerment);

(ix) 2905.01 (kidnapping);

(x) 2905.02 (abduction);

(xi) 2905.32 (trafficking in persons);

(xii) 2905.33 (unlawful conduct with respect to documents);

(xiii) 2907.02 (rape);

(xiv) 2907.03 (sexual battery);

(xv) 2907.04 (unlawful sexual conduct with minor);

(xvi) 2907.05 (gross sexual imposition);

(xvii) 2907.06 (sexual imposition);

(xviii) 2907.07 (importuning);

(xix) 2907.08 (voyeurism);

(xx) 2907.12 (felonious sexual penetration);

(xxi) 2907.31 (disseminating matter harmful to juveniles);

(xxii) 2907.32 (pandering obscenity);

(xxiii) 2907.321 (pandering obscenity involving a minor or impaired person);

(xxiv) 2907.322 (pandering sexually oriented matter involving a minor or impaired person);

(xxv) 2907.323 (illegal use of minor or impaired person in nudity-oriented material or performance);

(xxvi) 2909.22 (soliciting or providing support for act of terrorism);

(xxvii) 2909.23 (making terroristic threat);

(xxviii) 2909.24 (terrorism);

(xxix) 2913.40 (medicaid fraud);

(xxx) 2923.01 (conspiracy), 2923.02 (attempt to commit an offense), or 2923.03 (complicity) when the underlying offense is any of the offenses or violations described in paragraphs (E)(1)(a)(i) to (E)(1)(a)(xxix) of this rule;

(xxxi) A conviction related to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct involving a federal or state-funded program, excluding the disqualifying offenses set forth in section 2913.46 of the Revised Code (illegal use of supplemental nutrition assistance or WIC program benefits); or

(xxxii) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in paragraphs (E)(1)(a)(i) to (E)(1)(a)(xxxi) of this rule.

(b) Tier two: ten-year exclusion

No responsible entity shall employ an applicant or continue to employ an employee, nor shall the department issue supported living certification to a candidate, for a period of ten years from the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, and parole, if the applicant, employee, or candidate has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following sections of the Revised Code:

(i) 2903.04 (involuntary manslaughter);

(ii) 2903.041 (reckless homicide);

(iii) 2905.04 (child stealing) as it existed prior to July 1, 1996;

(iv) 2905.05 (criminal child enticement);

(v) 2905.11 (extortion);

(vi) 2907.21 (compelling prostitution);

(vii) 2907.22 (promoting prostitution);

(viii) 2907.23 (enticement or solicitation to patronize a prostitute; procurement of a prostitute for another);

(ix) 2909.02 (aggravated arson);

(x) 2909.03 (arson);

(xi) 2911.01 (aggravated robbery);

(xii) 2911.11 (aggravated burglary);

(xiii) 2913.46 (illegal use of supplemental nutrition assistance or WIC program benefits);

(xiv) 2913.48 (workers' compensation fraud);

(xv) 2913.49 (identity fraud);

(xvi) 2917.02 (aggravated riot);

(xvii) 2923.12 (carrying concealed weapons);

(xviii) 2923.122 (illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone);

(xix) 2923.123 (illegal conveyance of deadly weapon or dangerous ordnance into courthouse - illegal possession or control in courthouse);

(xx) 2923.13 (having weapons while under disability);

(xxi) 2923.161 (improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function);

(xxii) 2923.162 (discharge of firearm on or near prohibited premises);

(xxiii) 2923.21 (improperly furnishing firearms to minor);

(xxiv) 2923.32 (engaging in pattern of corrupt activity);

(xxv) 2923.42 (participating in criminal gang);

(xxvi) 2925.02 (corrupting another with drugs);

(xxvii) 2925.03 (trafficking, aggravated trafficking in drugs);

(xxviii) 2925.04 (illegal manufacture of drugs - illegal cultivation of marihuana - methamphetamine offenses);

(xxix) 2925.041 (illegal assembly or possession of chemicals for manufacture of drugs);

(xxx) 3716.11 (placing harmful or hazardous objects in food or confection);

(xxxi) 2923.01 (conspiracy), 2923.02 (attempt to commit an offense), or 2923.03 (complicity) when the underlying offense is any of the offenses or violations described in paragraphs (E)(1)(b)(i) to (E)(1)(b)(xxx) of this rule; or

No responsible entity shall employ an applicant or continue to employ an employee, nor shall the department issue supported living certification to a candidate, for a period of seven years from the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, and parole, if the applicant, employee, or candidate has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following sections of the Revised Code:

(i) 959.13 (cruelty to animals);

(ii) 959.131 (prohibitions concerning companion animals);

(iii) 2903.12 (aggravated assault);

(iv) 2903.21 (aggravated menacing);

(v) 2903.211 (menacing by stalking);

(vi) 2905.12 (coercion);

(vii) 2909.04 (disrupting public services);

(viii) 2911.02 (robbery);

(ix) 2911.12 (burglary);

(x) 2913.47 (insurance fraud);

(xi) 2917.01 (inciting to violence);

(xii) 2917.03 (riot);

(xiii) 2917.31 (inducing panic);

(xiv) 2919.22 (endangering children);

(xv) 2919.25 (domestic violence);

(xvi) 2921.03 (intimidation);

(xvii) 2921.11 (perjury);

(xviii) 2921.13 (falsification - in theft offense - to purchase firearm);

(xix) 2921.34 (escape);

(xx) 2921.35 (aiding escape or resistance to lawful authority);

(xxi) 2921.36 (illegal conveyance of weapons, drugs or other prohibited items onto grounds of detention facility or institution);

(xxii) 2925.05 (funding, aggravated funding of drug or marihuana trafficking);

(xxiii) 2925.06 (illegal administration or distribution of anabolic steroids);

(xxiv) 2925.24 (tampering with drugs);

(xxv) 2927.12 (ethnic intimidation);

(xxvi) 2923.01 (conspiracy), 2923.02 (attempt to commit an offense), or 2923.03 (complicity) when the underlying offense is any of the offenses or violations described in paragraphs (E)(1)(c)(i) to (E)(1)(c)(xxv) of this rule; or

(xxvii) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in paragraphs (E)(1)(c)(i) to (E)(1)(c)(xxvi) of this rule.

(d) Tier four: five-year exclusion

No responsible entity shall employ an applicant or continue to employ an employee, nor shall the department issue supported living certification to a candidate, for a period of five years from the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, and parole, if the applicant, employee, or candidate has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following sections of the Revised Code:

(i) 2903.13 (assault);

(ii) 2903.22 (menacing);

(iii) 2907.09 (public indecency);

(iv) 2907.24 (soliciting; solicitation after a positive HIV test);

(v) 2907.25 (prostitution - after a positive HIV test);

(vi) 2907.33 (deception to obtain matter harmful to juveniles);

(vii) 2911.13 (breaking and entering);

(viii) 2913.02 (theft);

(ix) 2913.03 (unauthorized use of a vehicle);

(x) 2913.04 (unauthorized use of property - computer, cable, or telecommunication property);

(xi) 2913.05 (telecommunications fraud);

(xii) 2913.11 (passing bad checks);

(xiii) 2913.21 (misuse of credit cards);

(xiv) 2913.31 (forgery - forging identification cards or selling or distributing forged identification cards);

(xv) 2913.32 (criminal simulation);

(xvi) 2913.41 (defrauding a rental agency or hostelry);

(xvii) 2913.42 (tampering with records);

(xviii) 2913.43 (securing writings by deception);

(xix) 2913.44 (personating an officer);

(xx) 2913.441 (unlawful display of law enforcement emblem);

(xxi) 2913.45 (defrauding creditors);

(xxii) 2913.51 (receiving stolen property);

(xxiii) 2919.12 (unlawful abortion);

(xxiv) 2919.121 (unlawful abortion upon minor);

(xxv) 2919.123 (unlawful distribution of an abortion-inducing drug);

(xxvi) 2919.124 (unlawful performance of a drug-induced abortion);

(xxvii) 2919.23 (interference with custody);

(xxviii) 2919.24 (contributing to unruliness or delinquency of a child);

(xxix) 2921.12 (tampering with evidence);

(xxx) 2921.21 (compounding a crime);

(xxxi) 2921.24 (disclosure of confidential information);

(xxxii) 2921.32 (obstructing justice);

(xxxiii) 2921.321 (assaulting or harassing police dog or horse or service dog);

(xxxiv) 2921.51 (impersonation of peace officer or private police officer);

(xxxv) 2925.09 (unapproved drugs - dangerous drug offenses involving livestock);

(xxxvi) 2925.11 (possession of controlled substances other than a minor drug possession offense);

(xxxvii) 2925.13 (permitting drug abuse);

(xxxviii) 2925.22 (deception to obtain a dangerous drug);

(xxxix) 2925.23 (illegal processing of drug documents);

(xl) 2925.36 (illegal dispensing of drug samples);

(xli) 2925.55 (unlawful purchase of pseudoephedrine or ephedrine product);

(xlii) 2925.56 (unlawful sale of pseudoephedrine or ephedrine product);

(xliii) 2923.01 (conspiracy), 2923.02 (attempt to commit an offense), or 2923.03 (complicity) when the underlying offense is any of the offenses or violations described in paragraphs (E)(1)(d)(i) to (E)(1)(d)(xlii) of this rule; or

(xliv) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in paragraphs (E)(1)(d)(i) to (E)(1)(d)(xliii) of this rule.

(e) Tier five: no exclusion

A responsible entity may employ an applicant or continue to employ an employee, and the department may issue supported living certification to a candidate, if the applicant, employee, or candidate has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following sections of the Revised Code:

(i) 2925.11 (possession of controlled substances);

(ii) 2925.14 (illegal use or possession of drug paraphernalia);

(iii) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in paragraph (E)(1)(e)(i) or (E)(1)(e)(ii) of this rule.

(2) Exclusionary periods for multiple disqualifying offenses

(a) If an applicant, employee, or candidate has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for multiple disqualifying offenses, including an offense listed in paragraph (E)(1)(b) of this rule, and another offense or offenses listed in paragraph (E)(1)(b), (E)(1)(c), or (E)(1)(d) of this rule, the applicant, employee, or candidate is subject to a fifteen-year exclusionary period beginning on the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, or parole for the most recent offense.

(b) If an applicant, employee, or candidate has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for multiple qualifying offenses, including an offense listed in paragraph (E)(1)(c) of this rule, and another offense or offenses listed in paragraph (E)(1)(c) or (E)(1)(d) of this rule, the applicant, employee, or candidate is subject to a ten-year exclusionary period beginning on the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, or parole for the most recent offense.

(c) If an applicant, employee, or candidate has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for multiple qualifying offenses listed in paragraph (E)(1)(d) of this rule, the applicant, employee, or candidate is subject to a seven-year exclusionary period beginning on the date the applicant, employee, or candidate was fully discharged from imprisonment, probation, or parole for the most recent offense.

(F) A conviction of or plea of guilty to a disqualifying offense listed or described in paragraph (E)(1) of this rule shall not preclude an applicant from being employed or an employee from remaining employed by a responsible entity or preclude a candidate from receiving supported living certification issued by the department under the following circumstances:

(1) The applicant, employee, or candidate has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code;

(2) The applicant, employee, or candidate has been granted an unconditional pardon for the offense pursuant to an existing or former law of this state, any other state, or the United States, if the law is substantially equivalent to Chapter 2967. of the Revised Code;

(3) The applicant's, employee's, or candidate's conviction or guilty plea has been overturned pursuant to law;

(4) The applicant, employee, or candidate has been granted a conditional pardon for the offense pursuant to Chapter 2967. of the Revised Code and the conditions under which the pardon was granted have been satisfied;

(5) The applicant's, employee's, or candidate's conviction or guilty plea is not for an offense listed or described in paragraph (E)(1)(a) of this rule and the applicant, employee, or candidate presents a certificate of qualification for employment issued by a court of common pleas with competent jurisdiction pursuant to section 2953.25 of the Revised Code; or

(6) The applicant's, employee's, or candidate's conviction or guilty plea is not for an offense listed or described in paragraph (E)(1)(a) of this rule and the applicant, employee, or candidate presents a certificate of achievement and employability in a home and community-based services-related field, issued by the Ohio department of rehabilitation and correction pursuant to section 2961.22 of the Revised Code.

(G) A responsible entity may continue to employ a person who is excluded by paragraph (E)(1)(d) of this rule if the conviction for a tier four offense occurred prior to January 1, 2013, the employee was hired prior to January 1, 2013, and if the responsible entity has considered the nature and seriousness of the offense and attested in writing to the character and fitness of the person based on the person's demonstrated work performance. The responsible entity must have made this determination and attestation by April 1, 2013 and maintain the written attestation in the employee's personnel record. The determination and attestation are subject to review by the department.

(H) The department may renew the supported living certification of a candidate who is excluded by paragraph (E)(1)(d) of this rule if the conviction for a tier four offense occurred prior to January 1, 2013, the candidate was originally certified to provide supported living prior to January 1, 2013, and if the department has considered the nature and seriousness of the offense and determines that the candidate has demonstrated the appropriate character and fitness to have the supported living certification renewed based on the candidate's demonstrated work performance. The department shall keep a written record of its determination for each candidate.

(I) Any report obtained pursuant to this rule is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person other than:

(1) The applicant, employee, or candidate who is the subject of the report or the applicant's, employee's, or candidate's representative;

(2) The responsible entity that requested the report or its representative;

(3) The department if a county board, agency provider, or subcontractor is the responsible entity that requested the report and the department requests the responsible entity to provide a copy of the report to the department;

(4) A county board if an agency provider or subcontractor is the responsible entity that requested the report and the county board requests the responsible entity to provide a copy of the report to the county board; or

(5) A court, hearing officer, or other necessary person involved in a case dealing with the denial of employment to the applicant or employee; the denial, suspension, or revocation of certification issued pursuant to section 5123.166 or 5123.45 of the Revised Code; or a civil or criminal action regarding the medicaid program or a program the department administers.

(J) For purposes of this rule, reports from the bureau of criminal identification and investigation or any other state or federal agency regarding a person's criminal record and records supplied by the bureau of motor vehicles regarding a person's record of convictions for violations of motor vehicle laws are valid for a period of one year from the date of the report.

Last updated February 19, 2026 at 7:47 AM

History

Effective: February 19, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5180-10-05 Early intervention program - developmental specialist certification.

(A) Purpose

This rule establishes minimum qualifications through certification standards for persons employed as developmental specialists. All persons working in the early intervention program as developmental specialists shall hold valid certification in accordance with this rule.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(2) "College course" means department-approved instruction of at least two semester hours or three quarter hours of credit provided by an accredited college or university.

(3) "Department" means the Ohio department of developmental disabilities.

(4) "Developmental specialist" means a professional trained to provide special instruction as part of an individualized family service plan team.

(a) A developmental specialist is an early intervention service provider who provides expertise in:

(i) Infant and toddler development;

(ii) Promotion of an infant's or toddler's acquisition of functional skills across developmental areas, including cognitive processes and social interaction through adaptation of the child's learning environment and activities;

(iii) Developing individualized, evidence-based strategies which promote planned interactions and active participation of caregivers, children, materials, and the specific environment that leads to achieving individualized family service plan outcomes; and

(iv) Providing parents, other family members, and caregivers with information, skills, and support related to enhancing a child's development.

(b) The scope of work for a developmental specialist includes developmental screenings, developmental evaluations and assessments, family assessments, individualized family service plan development and implementation, teaming practices, and the delivery of special instruction in accordance with Chapter 5123-10 of the Administrative Code.

(c) A developmental specialist follows the "Code of Ethics of the Division for Early Childhood of the Council for Exceptional Children" (available at https://www.decdocs.org/member-code-of-ethics) to guide professional behavior.

(5) "Developmental specialist orientation modules" means department-provided web-based training that addresses:

(a) Introduction to early intervention services;

(b) Mission and key principles of early intervention;

(d) Individualized family service plan process;

(e) Mandated reporting of suspected child abuse or neglect;

(f) Parent rights and procedural safeguards in early intervention;

(g) Primary service provider approach to teaming in early intervention;

(h) Natural learning environment practices;

(i) Assessment practices; and

(j) Coaching in early intervention.

(6) "Director" means the director of the Ohio department of developmental disabilities or that person's designee.

(7) "Early childhood" means birth through age five.

(8) "Early intervention service provider" has the same meaning as in rule 5123-10-02 of the Administrative Code.

(9) "Early intervention services" has the same meaning as in rule 5123-10-02 of the Administrative Code.

(10) "Evidence-based practice coach" means a person who:

(a) Holds valid five-year developmental specialist certification issued in accordance with this rule or holds valid five-year or ten-year developmental specialist certification or early intervention supervisor certification issued in accordance with rule 5123:2-5-05 of the Administrative Code as it existed prior to the effective date of this rule; and

(b) Has successfully completed department-provided training in evidence-based practice coaching.

(11) "Evidence-based practice coaching" means an activity that forms the formal relationship between a person holding one-year developmental specialist certification issued in accordance with paragraph (C)(1)(b) of this rule and an evidence-based practice coach that is designed to foster growth and reflection and increase confidence and competence of the person holding one-year developmental specialist certification. The evidence-based practice coach provides ongoing support to the person holding one-year developmental specialist certification while that person completes college courses or seminars required for five-year developmental specialist certification. A person holding one-year developmental specialist certification shall actively participate in a minimum of twelve months of evidence-based practice coaching which commences within the first six months of employment as a developmental specialist and is provided in accordance with an evidence-based practice coaching agreement.

(12) "Evidence-based practice coaching agreement" means a written agreement documented on form EI-19 ("Evidence-Based Practice Coaching Agreement," July 2021) developed and signed by a person holding one-year developmental specialist certification and an evidence-based practice coach.

(13) "Principles of special instruction" means department-provided training specific to the role of a developmental specialist that:

(a) Builds on college courses or seminars required for five-year developmental specialist certification, delivering practical information necessary for providing special instruction and supports related specifically to the cognitive and social-emotional developmental domains as required by the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445 as in effect on the effective date of this rule and 34 C.F.R. part 303 as in effect on the effective date of this rule, and Chapter 5123-10 of the Administrative Code; and

(b) Is to be completed by a person holding five-year developmental specialist certification in order to be eligible to renew certification and will count as professional development for that purpose.

(14) "Professional development" means training, courses, seminars, or evidence-based practice coaching completed subsequent to the effective date of an applicant's most recent five-year developmental specialist certification that enhance the knowledge, skills, and competencies of developmental specialists and are verified as successfully completed by the department (or, at the department's discretion, by an entity under contract with the department for the purpose of verifying completion of professional development) and may include:

(a) Training, courses, or seminars pre-approved by the department that are relevant to the role of a developmental specialist, support and align with evidence-based early intervention practices, and are pertinent to early childhood.

(b) As many as ten documented hours of training, courses, or seminars that are not pre-approved by the department, but are submitted by an applicant with written justification explaining how completion of the training, course, or seminar enhanced the applicant's knowledge, skills, and competencies as a developmental specialist.

(c) As many as twenty hours spent by an evidence-based practice coach actively participating in evidence-based practice coaching documented on form EI-19 ("Evidence-Based Practice Coaching Agreement," July 2021) and a written log that includes dates and times when evidence-based practice coaching occurred.

(15) "Seminar" means department-approved instruction of a minimum of thirty hours. Department approval of seminars will be based on documentation (including a syllabus with identified objectives and method of evaluation) to demonstrate that the instruction is:

(a) Provided by a department-approved instructor who holds a master's degree or doctoral degree in early childhood education, special education, or a closely related field and who possesses in-depth knowledge related to the content area of the seminar;

(b) Formulated on current evidence-based practices and conforming to part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 through 1445 as in effect on the effective date of this rule and 34 C.F.R. part 303 as in effect on the effective date of this rule, and Chapter 5123-10 of the Administrative Code;

(d) Based on peer-reviewed literature and research.

There are two levels of developmental specialist certification, one-year and five-year:

(1) One-year certification is available for a person who receives an offer of employment or is employed in the position of developmental specialist but who does not yet meet the requirements for five-year certification set forth in paragraph (C)(2) of this rule. There are two tracks for obtaining one-year developmental specialist certification.

(a) Track I - for a person who holds valid one-year developmental specialist certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect immediately prior to the effective date of this rule and is within one year of completing all six college courses or seminars required for five-year developmental specialist certification in accordance with that rule.

(i) The department may issue developmental specialist certification for a period of one year to an applicant who holds valid one-year developmental specialist certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect immediately prior to the effective date of this rule under the following conditions:

(a) At the point of application, the one-year developmental specialist certification is still in effect.

(b) At the point of application, the applicant is still employed in the position of developmental specialist.

(c) The applicant has successfully completed five of the six college courses or seminars specified in paragraph (C)(2)(a)(ii)(a)(iii) of this rule.

(d) The applicant has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(ii) A person who held one-year developmental specialist certification in accordance with paragraph (C)(1)(a)(i) of this rule and failed to complete all six college courses or seminars specified in paragraph (C)(2)(a)(ii)(a)(iii) of this rule is ineligible to apply for additional one-year developmental specialist certification and will be required to meet the requirements set forth in paragraph (C)(2)(a)(ii) of this rule for five-year developmental specialist certification.

(b) Track II - for a person who holds valid one-year developmental specialist certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect immediately prior to the effective date of this rule but does not meet the requirements for one-year developmental specialist certification set forth in paragraph (C)(1)(a) of this rule or a person who receives an offer of employment or becomes employed in the position of developmental specialist on or after the effective date of this rule.

(i) The department may issue developmental specialist certification for an initial period of one year to an applicant who:

(a) Receives an offer of employment or is employed as a developmental specialist by an entity that submits a written attestation that the entity will arrange for and ensure that the applicant actively participates in evidence-based practice coaching as described in paragraph (B)(11) of this rule.

(b) Meets one of the following:

(i) Holds a bachelor's degree or graduate-level degree in education, health, social or behavioral science, social services, human services, or other related field from an accredited college or university; or

(ii) Holds a bachelor's degree or graduate-level degree in any field from an accredited college or university and has at least two years of verified full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families; or

(iii) Holds a bachelor's degree or graduate-level degree in any field from an accredited college or university and holds a valid license in counseling; early childhood education for ages three through eight, grades kindergarten through third, or special education; hearing impairment intervention; medicine; nursing; occupational therapy; physical therapy; psychology; psychiatry; social work; speech-language pathology; or visual impairment intervention.

(d) Has successfully completed department-provided training in infant and toddler development.

(e) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(ii) The department may issue developmental specialist certification to an applicant for a second period of one year provided the applicant:

(a) Is employed as a developmental specialist by an entity that submits a written attestation that the entity will arrange for and ensure that the applicant actively participates in evidence-based practice coaching as described in paragraph (B)(11) of this rule.

(b) Has successfully completed at least three of the six college courses or seminars (or equivalent instruction as determined by the department) required for five-year developmental specialist certification as specified in paragraph (C)(2)(a)(ii)(a)(iii) of this rule including:

(i) Evaluation and assessment;

(ii) Infant/toddler growth and development; and

(iii) Individualized family service plan development, intervention planning, and service delivery.

(c) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule, including a copy of the evidence-based practice coaching agreement from the previous year.

(iii) A person who held one-year developmental specialist certification in accordance with paragraph (C)(1)(b)(i) of this rule and failed to complete requirements set forth in paragraph (C)(1)(b)(ii) of this rule to renew one-year certification is ineligible to apply for additional one-year developmental specialist certification and will be required to meet the requirements set forth in paragraph (C)(2)(a)(ii) of this rule for five-year developmental specialist certification.

(2) Five-year certification

(a) There are three tracks for obtaining five-year developmental specialist certification.

(i) Track I - for a person who holds valid five-year certification or valid ten-year certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect prior to the effective date of this rule. The department may issue developmental specialist certification for a period of five years to an applicant who holds valid five-year developmental specialist certification, ten-year developmental specialist certification, five-year early intervention supervisor certification, or ten-year early intervention supervisor certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect prior to the effective date of this rule under the following conditions:

(a) At the point of application, the developmental specialist certification or early intervention supervisor certification is still in effect.

(b) The applicant has met the requirements for renewing the developmental specialist certification or early intervention supervisor certification set forth in rule 5123:2-5-05 of the Administrative Code as it existed when the applicant was issued the certification.

(ii) Track II - for a person with a related degree, a person with any degree and two years of related experience, or a person with any degree and a related license.

(a) The department may issue developmental specialist certification for an initial period of five years to an applicant who:

(i) Meets one of the following:

(A) Holds a bachelor's degree or graduate-level degree in education, health, social or behavioral science, social services, human services, or other related field from an accredited college or university; or

(B) Holds a bachelor's degree or graduate-level degree in any field from an accredited college or university and has at least two years of verified full-time (or equivalent part-time), supervised, paid experience working with children birth through age five with disabilities, developmental delays, or diagnosed physical or mental conditions that have a high probability of resulting in a developmental delay and their families; or

(C) Holds a bachelor's degree or graduate-level degree in any field from an accredited college or university and holds a valid license in counseling; early childhood education for ages three through eight, grades kindergarten through third, or special education; hearing impairment intervention; medicine; nursing; occupational therapy; physical therapy; psychology; psychiatry; social work; speech-language pathology; or visual impairment intervention.

(ii) Has successfully completed all ten developmental specialist orientation modules.

(iii) Has successfully completed one college course or seminar (or equivalent instruction as determined by the department) in each of the following areas:

(A) Evaluation and assessment;

(B) Infant/toddler growth and development;

(D) Disabilities and risk factors from birth;

(E) Family-centered services and supports; and

(F) Team collaboration.

(iv) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(b) When requested in writing by an applicant and with accompanying rationale, the department may waive the requirement for the applicant to complete a college course or seminar in one or more of the areas set forth in paragraph (C)(2)(a)(ii)(a)(iii) of this rule. The department's decision to grant or deny a request is final and may not be appealed.

(iii) Track III - for a person who holds a credential issued by another state or territory of the United States. The department may issue developmental specialist certification for an initial period of five years to an applicant who has been determined by the department to have:

(a) Met state-approved or recognized certification, licensure, registration, or other comparable requirements to provide special instruction via an early intervention individualized family service plan in a state other than Ohio or a territory of the United States within the past six months;

(b) Successfully completed all ten developmental specialist orientation modules.

(c) Submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(b) The department may issue developmental specialist certification to an applicant for a second period of five years provided the applicant:

(i) Has completed principles of special instruction which may be counted toward the professional development described in paragraph (C)(2)(b)(ii) of this rule.

(ii) Has either:

(a) Successfully completed fifty hours of professional development and been engaged for at least four thousand hours in developmental specialist duties through individualized family service plans or developing early intervention services policy and/or instructional materials during the period of the preceding developmental specialist certification; or

(b) Successfully completed eighty hours of professional development during the period of the preceding developmental specialist certification.

(iii) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(c) The department may issue developmental specialist certification to an applicant for subsequent periods of five years provided the applicant:

(i) Has either:

(b) Successfully completed eighty hours of professional development during the period of the preceding developmental specialist certification.

(ii) Has submitted to the department in the format prescribed by the department, an application and supporting documentation sufficient to establish that the applicant meets the requirements set forth in this rule.

(d) A person who obtained five-year developmental specialist certification in accordance with paragraph (C)(2)(a)(i), (C)(2)(a)(ii), or (C)(2)(a)(iii) of this rule and failed to complete requirements set forth in paragraph (C)(2)(b) or (C)(2)(c) of this rule, as applicable, to renew five-year certification is ineligible to apply for initial five-year developmental specialist certification in accordance with paragraph (C)(2)(a)(i), (C)(2)(a)(ii), or (C)(2)(a)(iii) of this rule.

(e) Renewal of expired five-year developmental specialist certification issued on or after the effective date of this rule.

(i) Five-year developmental specialist certification issued on or after the effective date of this rule which has been expired for less than one year may be renewed upon completion of renewal requirements of the expired certification.

(ii) Five-year developmental specialist certification issued on or after the effective date of this rule which has been expired for one year or more may be renewed upon successful completion of at least one hundred hours of professional development subsequent to the effective date of the expired certification, all ten developmental specialist orientation modules, and principles of special instruction; the developmental specialist orientation modules and principles of special instruction may be counted toward the one hundred hours of professional development.

(D) Annual training requirements

Persons working as developmental specialists shall annually complete training in:

(1) The rights of persons with developmental disabilities set forth in section 5123.62 of the Revised Code.

(2) The requirements of rule 5123-17-02 of the Administrative Code including a review of health and welfare alerts issued by the department since the previous year's training.

(E) Developmental specialist certification and early intervention supervisor certification issued prior to the effective date of this rule

(1) One-year developmental specialist certification issued prior to the effective date of this rule in accordance with rule 5123:2-5-05 of the Administrative Code as it existed immediately prior to the effective date of this rule will remain in effect until assigned expiration. A person wishing to continue to hold certification without interruption shall apply to the department prior to expiration of the certification in accordance with paragraph (C)(1)(a) or (C)(1)(b) of this rule, as applicable.

(2) Five-year developmental specialist certification, ten-year developmental specialist certification, five-year early intervention supervisor certification, and ten-year early intervention supervisor certification issued prior to the effective date of this rule in accordance with rule 5123:2-5-05 of the Administrative Code as it existed when the certification was issued will remain in effect until assigned expiration. A person wishing to continue to hold certification without interruption shall apply to the department prior to expiration of the certification in accordance with paragraph (C)(2)(a)(i) of this rule.

(3) Developmental specialist certification or early intervention supervisor certification issued in accordance with rule 5123:2-5-05 of the Administrative Code in effect prior to the effective date of this rule which has expired may not be renewed. The holder of the expired certification is eligible to apply for initial five-year developmental specialist certification in accordance with paragraph (C)(2)(a)(ii) of this rule.

(F) Administrative review

An applicant for developmental specialist certification whose application is disapproved based upon the applicant's failure to meet the requirements of this rule, may request in writing, within thirty calendar days of disapproval, an administrative review by the director. The director's decision is final and may not be appealed.

(G) Denial, suspension, or revocation

(1) The director may deny, suspend, or revoke certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of certification has engaged in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or holder's position.

(2) Except as provided in paragraph (G)(3) of this rule, the director may deny or revoke certification if the director finds, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, that the applicant for or holder of certification:

(a) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(a) of rule 5123-2-02 of the Administrative Code;

(b) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(b) of rule 5123-2-02 of the Administrative Code if a period of ten years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(c) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(c) of rule 5123-2-02 of the Administrative Code if a period of seven years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(d) Has been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for any of the disqualifying offenses listed or described in paragraph (E)(1)(d) of rule 5123-2-02 of the Administrative Code if a period of five years has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole;

(e) Has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for multiple disqualifying offenses if the applicable period of time in accordance with paragraph (E)(2) of rule 5123-2-02 of the Administrative Code has not elapsed from the date the applicant was fully discharged from imprisonment, probation, and parole; or

(f) Has been included in one or more of the databases listed in paragraphs (C)(2)(a) to (C)(2)(f) of rule 5123-2-02 of the Administrative Code.

(3) A conviction of or plea of guilty to a disqualifying offense listed or described in paragraph (E)(1) of rule 5123-2-02 of the Administrative Code shall not constitute grounds for the denial or revocation of certification if the requirements in paragraph (F) of rule 5123-2-02 of the Administrative Code are met.

(4) An applicant for certification shall disclose a conviction for a disqualifying offense listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123-2-02 of the Administrative Code, including a conviction that has been sealed.

(5) An applicant for or holder of certification shall report in writing to the department and the applicant's or holder's employer if the applicant or holder is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for any of the offenses listed or described in paragraphs (E)(1)(a) to (E)(1)(d) of rule 5123-2-02 of the Administrative Code within fourteen calendar days after the date of such charge, conviction, guilty plea, or finding.

Last updated July 31, 2026 at 3:27 PM

History

Effective: July 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5123-17-02

(A) Purpose

This rule establishes the system for addressing major unusual incidents and unusual incidents and implements a continuous quality improvement process to prevent or reduce the risk of harm to individuals. The system is intended to create a culture that fosters trust through open communication, universal accountability, learning, and fair treatment of all persons involved.

(B) Scope

This rule applies to county boards of developmental disabilities and providers of services to individuals with developmental disabilities.

For the purposes of this rule, the following definitions apply:

(1) "Administrative investigation" means the gathering and analysis of information related to a major unusual incident in category A as described in paragraph (C)(16)(a) of this rule or a major unusual incident in category B as described in paragraph (C)(16)(b) of this rule, conducted by an investigative agent, so that a prevention plan can be developed and implemented. There are two administrative investigation procedures (category A set forth in appendix A to this rule and category B set forth in appendix B to this rule) that correspond to two categories of major unusual incidents.

(2) "Administrative review" means the gathering and analysis of information related to a major unusual incident in category C as described in paragraph (C)(16)(c) of this rule, using an administrative review form submitted by an individual's provider and completed by an investigative agent in collaboration with the individual's team, so that a prevention plan can be developed and implemented.

(a) The administrative review form varies based on the specific type of major unusual incident:

(i) "Law enforcement" will be completed using the administrative review form contained in appendix C to this rule.

(ii) "Unanticipated hospitalization" will be completed using the administrative review form contained in appendix D to this rule.

(iii) "Unapproved behavioral support" will be completed using the administrative review form contained in appendix E to this rule.

(b) The county board will initiate the administrative review form for a law enforcement major unusual incident when the individual is not being served by a provider at the time of the major unusual incident.

(3) "Agency provider" means a provider, certified or licensed by the department, that employs staff to deliver services to individuals and that may subcontract the delivery of services. "Agency provider" includes a developmental center and a county board while the county board is providing specialized services.

(4) "At-risk individual" means an individual whose health or welfare is adversely affected or whose health or welfare may reasonably be considered to be in danger of being adversely affected.

(5) "Common law employee" has the same meaning as in rule 5123-9-32 of the Administrative Code.

(6) "County board" means a county board of developmental disabilities established under Chapter 5126. of the Revised Code or a regional council of governments established under Chapter 167. of the Revised Code when it includes at least one county board of developmental disabilities.

(7) "Department" means the Ohio department of developmental disabilities.

(8) "Developmental center" means an intermediate care facility for individuals with intellectual disabilities under the managing responsibility of the department.

(9) "Developmental disabilities employee" means:

(a) An employee of the department;

(b) A superintendent, board member, or employee of a county board;

(c) An administrator, board member, or employee of a residential facility licensed under section 5123.19 of the Revised Code;

(d) An administrator, board member, or employee of any other public or private provider of services to an individual with a developmental disability; or

(e) An independent provider.

(10) "Incident report" means documentation that contains details about a major unusual incident or an unusual incident and will include, but is not limited to:

(a) Individual's name;

(b) Individual's address;

(d) Location of incident;

(e) Description of incident that answers the questions, "who?, what?, when?, and where?";

(f) Type and location of injuries;

(g) Immediate actions taken to ensure health and welfare of individual involved and any at-risk individuals;

(h) Name of primary person involved and that person's relationship to the individual;

(i) Names of witnesses;

(j) Statements completed by persons who witnessed or have personal knowledge of the incident;

(k) Notifications with name, title, and time and date of notice;

(l) Further medical follow-up; and

(m) Name and signature of person completing the incident report.

(11) "Independent provider" means a self-employed person or a common law employee who provides services for which the person is certified in accordance with rules promulgated by the department and does not employ, either directly or through contract, anyone else to provide the services.

(12) "Individual" means a person with a developmental disability.

(13) "Individual service plan" means the written description of services, supports, and activities to be provided to an individual and includes an "individual program plan" as that term is used in 42 C.F.R. 483.440 as in effect on the effective date of this rule.

(14) "Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

(15) "Investigative agent" means an employee of a county board or a person under contract with a county board who is certified by the department in accordance with rule 5123-5-07 of the Administrative Code to conduct administrative investigations of major unusual incidents. For the purposes of this rule, employees of the department who are designated investigators are considered certified investigative agents.

(16) "Major unusual incident" means the alleged, suspected, or actual occurrence of an incident described in paragraph (C)(16)(a), (C)(16)(b), or (C)(16)(c) of this rule when there is reason to believe the incident has occurred. There are three categories of major unusual incidents:

(a) Category A

(i) Emotional abuse. "Emotional abuse" means the use of actions, words, gestures, or other communicative means to purposefully threaten, coerce, intimidate, harass, or humiliate an individual or a pattern of behavior that creates a hostile environment.

(ii) Exploitation. "Exploitation" means the unlawful or improper act of using an individual or an individual's resources for monetary or personal benefit, profit, or gain.

(iii) Failure to report. "Failure to report" means that a developmental disabilities employee does not immediately report the alleged, suspected, or actual occurrence of an individual suffering or facing a substantial risk of suffering any wound, injury, disability, or condition of such a nature as to reasonably indicate emotional abuse, exploitation, misappropriation, neglect, physical abuse, or sexual abuse to the agency provider, county board, or department.

(iv) Misappropriation. "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code or the Administrative Code.

(v) Neglect. "Neglect" means when there is a duty to do so, failing to provide an individual with medical care, personal care, or other support that consequently results in death or serious injury or places an individual or another person at risk of serious injury. Serious injury means an injury that results in treatment by a physician, physician assistant, or nurse practitioner.

(vi) Physical abuse. "Physical abuse" means the use of physical force that can reasonably be expected to result in physical harm to an individual. Such physical force may include, but is not limited to, hitting, slapping, pushing, or throwing objects at an individual.

(vii) Prohibited sexual relations. "Prohibited sexual relations" means a developmental disabilities employee engaging in consensual sexual conduct or having consensual sexual contact with an individual who is not the developmental disabilities employee's spouse, and for whom the developmental disabilities employee was employed or under contract to provide care or supervise the provision of care at the time of the incident.

(viii) Rights code violation. "Rights code violation" means any violation of the rights enumerated in section 5123.62 of the Revised Code that creates a likely risk of harm to the health or welfare of an individual.

(ix) Sexual abuse. "Sexual abuse" means unlawful "sexual conduct" or "sexual contact" as those terms are defined in section 2907.01 of the Revised Code and the commission of any act prohibited by Chapter 2907. of the Revised Code (e.g., public indecency, importuning, and voyeurism) when the sexual conduct, sexual contact, or act involves an individual.

(x) Unexplained or unanticipated death. "Unexplained or unanticipated death" means the death of an individual resulting from an accident or that was otherwise unexpected.

(b) Category B

(i) Attempted suicide. "Attempted suicide" means a physical attempt by an individual that results in emergency room treatment, in-patient observation, or hospital admission.

(ii) Death other than unexplained or unanticipated death. "Death other than unexplained or unanticipated death" means the death of an individual by natural cause.

(iii) Medical emergency. "Medical emergency" means an incident where emergency medical intervention by a developmental disabilities employee is required to save an individual's life (e.g., choking relief techniques, cardiopulmonary resuscitation, use of an automated external defibrillator, or administration of overdose reversal medication such as "Narcan").

(iv) Missing individual. "Missing individual" means law enforcement has been contacted because an individual's whereabouts are unknown and the individual is believed to be at or pose an imminent risk of harm to self or others.

(v) Peer-to-peer act. "Peer-to-peer act" means any of the following incidents involving two individuals:

(a) Exploitation which means the unlawful or improper act of using another individual or another individual's resources for monetary or personal benefit, profit, or gain.

(b) Physical act which means a physical altercation that:

(i) Results in examination or treatment by a physician, physician assistant, or nurse practitioner; or

(ii) Involves strangulation, a bloody nose, a bloody lip, a black eye, a concussion, or biting which causes breaking of the skin; or

(iii) Results in an individual being arrested, incarcerated, or the subject of criminal charges.

(c) Sexual act which means sexual conduct and/or sexual contact for the purposes of sexual gratification without the consent of the other individual.

(d) Theft which means intentionally depriving another individual of real or personal property valued at twenty dollars or more or property of significant personal value to the individual.

(vi) Significant injury. "Significant injury" means an injury to an individual of known cause or unknown cause that results in a dental injury that requires treatment by a dentist, concussion, broken bone, dislocation, or second or third degree burns or that requires immobilization, casting, or five or more sutures. A significant injury will be designated in the Ohio incident tracking and monitoring system as either known cause or unknown cause.

(i) Law enforcement. "Law enforcement" means any incident that results in an individual being tased, arrested, charged, or incarcerated.

(ii) Unanticipated hospitalization. "Unanticipated hospitalization" means:

(a) A hospital admission lasting forty-eight hours or longer that:

(i) Is not associated with planned evaluations, scheduled procedures, or routine diagnostic tests that are part of ongoing medical care, including the diagnosis of conditions; and

(ii) Is due to one or more of the following diagnoses:

(A) Aspiration pneumonia;

(B) Bowel obstruction;

(D) Medication error;

(E) Seizure; or

(F) Sepsis.

(b) A hospital re-admission lasting forty-eight hours or longer that:

(i) Is not associated with planned evaluations, scheduled procedures, or routine diagnostic tests that are part of ongoing medical care, including the diagnosis of conditions; and

(ii) Is due to any diagnosis that is the same diagnosis as a prior hospital admission lasting forty-eight hours or longer within the past thirty calendar days.

(iii) Unapproved behavioral support. "Unapproved behavioral support" means the use by a developmental disabilities employee of a prohibited measure as defined in rule 5123-2-06 of the Administrative Code or the use of a restrictive measure implemented without approval of the human rights committee or without informed consent of the individual or the individual's guardian in accordance with rule 5123-2-06 of the Administrative Code, when use of the prohibited measure or restrictive measure results in risk to the individual's health or welfare. When use of the prohibited measure or restrictive measure does not result in risk to the individual's health or welfare, the incident will be investigated as an unusual incident.

(17) "Ohio incident tracking and monitoring system" (also known as "OITMS") means the department's web-based system for reporting major unusual incidents.

(18) "Physical harm" means any injury or other physiological impairment, regardless of its gravity or duration.

(19) "Primary person involved" means the person alleged to have committed or to have been responsible for the emotional abuse, exploitation, failure to report, misappropriation, neglect, physical abuse, prohibited sexual relations, rights code violation, or sexual abuse.

(20) "Program implementation incident" means an unusual incident involving the failure to carry out a person-centered plan when such failure causes minimal risk or no risk. Examples include, but are not limited to, failing to provide supervision for short periods of time, automobile accidents without harm, an individual's whereabouts are unknown for longer than the period of time specified in the individual service plan that does not result in imminent risk of harm to self or others, and self-reported incidents with minimal risk.

(21) "Provider" means an agency provider or an independent provider.

(22) "Qualified intellectual disability professional" has the same meaning as in 42 C.F.R. 483.430 as in effect on the effective date of this rule.

(23) "Service and support administrator" means a person, regardless of title, employed by or under contract with a county board to perform the functions of service and support administration and who holds the appropriate certification in accordance with rule 5123-5-02 of the Administrative Code.

(24) "Specialized services" means any program or service designed and operated to serve primarily individuals, including a program or service provided by an entity licensed or certified by the department.

(25) "Systems issue" means underlying circumstances (such as the physical environment, staffing levels, training provided to staff or supervisors, supervisory support for staff, previous awareness of a potential event, adequacy of processes and procedures, or availability of resources and equipment) beyond the action or inaction of the primary person involved in a substantiated major unusual incident of neglect, that contributed to the situation or outcome.

(26) "Team" means, as applicable:

(a) The group of persons chosen by an individual with the core responsibility to support the individual in directing development of the individual service plan. The team includes the individual's guardian or adult whom the individual has identified, as applicable, the service and support administrator, direct support staff, providers, licensed or certified professionals, and any other persons chosen by the individual to help the individual consider possibilities and make decisions; or

(b) An "interdisciplinary team" as that term is used in 42 C.F.R. 483.440 as in effect on the effective date of this rule.

(27) "Unusual incident" means an event or occurrence involving an individual that is not consistent with routine operations, policies and procedures, or the individual service plan, but is not a major unusual incident. "Unusual incident" includes, but is not limited to, the events and occurrences described in appendix F to this rule.

(28) "Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday except when that day is a holiday as defined in section 1.14 of the Revised Code.

(D) Reporting requirements for major unusual incidents

(1) A developmental disabilities employee will immediately report the alleged, suspected, or actual occurrence of a major unusual incident to the designated person at the agency provider (if employed by an agency provider), the county board system described in paragraph (D)(10) of this rule, or the department's abuse and neglect hotline.

(2) Reports regarding all major unusual incidents involving an individual who resides in an intermediate care facility for individuals with intellectual disabilities or who receives round-the-clock waiver services will be filed and the requirements of this rule followed regardless of where the incident occurred.

(3) Reports regarding the following major unusual incidents will be filed and the requirements of this rule followed regardless of where the incident occurred:

(a) Attempted suicide;

(b) Death other than unexplained or unanticipated death;

(d) Exploitation;

(e) Failure to report;

(f) Law enforcement;

(g) Misappropriation;

(h) Missing individual;

(i) Neglect;

(j) Peer-to-peer act;

(k) Physical abuse;

(l) Prohibited sexual relations;

(m) Sexual abuse; and

(n) Unexplained or unanticipated death.

(4) Reports regarding the following major unusual incidents will be filed and the requirements of this rule followed only when the incident occurs in a program operated by a county board or when the individual is being served by a provider at the time of the incident:

(a) Medical emergency;

(b) Rights code violation;

(d) Unanticipated hospitalization; and

(e) Unapproved behavioral support.

(5) Immediately upon identification or notification of a major unusual incident, a provider will take all reasonable measures to ensure the health and welfare of at-risk individuals. Reasonable measures include, but are not limited to, securing immediate and ongoing medical attention and removal of a developmental disabilities employee from direct contact with any individual when the developmental disabilities employee is alleged to have been involved in physical abuse or sexual abuse. The provider will document reasonable measures taken and by whom in the incident report. The provider and county board will discuss any disagreements regarding reasonable measures in order to resolve them. If the provider and county board are unable to agree on reasonable measures to ensure the health and welfare of at-risk individuals, the department will make the determination.

(6) Immediately upon receipt of a report or notification of an allegation of a major unusual incident, the county board will:

(a) Ensure all reasonable measures necessary to protect the health and welfare of at-risk individuals have been taken;

(b) Determine if additional measures are needed; and

(c) Notify the department if the circumstances in paragraph (J)(1) of this rule that require a department-directed administrative investigation are present. Such notification will take place on the first working day the county board becomes aware of the incident.

(7) A provider other than a developmental center will, as soon as possible but no later than four hours following discovery of a major unusual incident, notify the county board through means identified by the county board of the following incidents or allegations:

(a) Emotional abuse;

(b) Exploitation;

(d) Neglect;

(e) Peer-to-peer act;

(f) Physical abuse;

(g) Prohibited sexual relations;

(h) Sexual abuse;

(i) Unexplained or unanticipated death; and

(j) When the provider has received an inquiry from the media regarding a major unusual incident.

(8) A provider other than a developmental center will submit an incident report to the county board contact or designee by three p.m. on the first working day following the day the provider becomes aware of a potential or determined major unusual incident. The incident report will be submitted in a format prescribed by the department.

(a) For a major unusual incident in category C, the provider will also submit the applicable administrative review form contained in appendix C, appendix D, or appendix E to this rule. The provider will submit the incident report and the administrative review form at the same time.

(b) When an individual is hospitalized, the provider is responsible for following up with the hospital so that a diagnosis is determined as soon as possible after forty-eight hours, an incident report made to the county board, and the administrative review form in appendix D to this rule submitted when the situation meets the definition of unanticipated hospitalization in paragraph (C)(16)(c)(ii) of this rule.

(9) The county board, or the developmental center when the provider is a developmental center, will enter preliminary information regarding the major unusual incident in the Ohio incident tracking and monitoring system and in the manner prescribed by the department by five p.m. on the first working day following the day the county board or developmental center becomes aware of the major unusual incident.

(10) The county board will have a system that is available twenty-four hours a day, seven days a week, to receive and respond to all reports required by this rule. The county board will communicate this system in writing to all individuals receiving services in the county or their guardians as applicable, providers in the county, and the department.

(E) Removal of a developmental disabilities employee

(1) An agency provider will remove a developmental disabilities employee from direct contact with any individual when the developmental disabilities employee is alleged to have been involved in physical abuse or sexual abuse until such time as the agency provider has reasonably determined that removal is no longer necessary. When an agency provider removes a developmental disabilities employee from direct contact with an individual:

(a) The agency provider will inform the developmental disabilities employee of the alleged major unusual incident category and provide the developmental disabilities employee with the name of a person employed by the agency provider to whom the developmental disabilities employee may direct questions.

(b) The county board or department, as applicable, will keep the agency provider apprised of the status of the administrative investigation so that the agency provider can resume normal operations as soon as possible consistent with the health and welfare of individuals.

(c) The agency provider will notify the county board or department, as applicable, when the developmental disabilities employee returns to work.

(2) In conjunction with the department, a county board has authority to remove an independent provider from direct contact with any individual when the independent provider is alleged to have been involved in physical abuse or sexual abuse until such time as the county board has reasonably determined that removal is no longer necessary. When a county board removes an independent provider from direct contact with an individual:

(a) The county board will inform the independent provider of the alleged major unusual incident category and provide the independent provider with the name of a person employed by the county board to whom the independent provider may direct questions.

(b) The county board will keep the independent provider apprised of the status of the administrative investigation so that the independent provider can resume normal operations as soon as possible consistent with the health and welfare of individuals.

(F) Reporting of alleged criminal acts

(1) When a provider has reason to believe a criminal act has occurred, the provider will immediately report to the law enforcement entity having jurisdiction of the location where the incident occurred. The provider will document the date, time, and name of the person notified of the alleged criminal act. The county board will ensure the notification has been made.

(2) The department will immediately report to the Ohio state highway patrol, any allegation of a criminal act occurring at a developmental center. The department will document the date, time, and name of the person notified of the alleged criminal act.

(G) Abused or neglected children

(1) All allegations of abuse or neglect as defined in sections 2151.03 and 2151.031 of the Revised Code of an individual under the age of twenty-one will be immediately reported to the local public children services agency. The notification may be made by the provider or the county board. The county board will ensure the notification has been made.

(2) When a public children services agency is conducting an investigation, the investigative agent will submit a report to the Ohio incident tracking and monitoring system with a brief description of the allegation and immediate steps taken to protect the health and welfare of the individual. Upon notification of case closure by the public children services agency, the investigative agent will record the results in the Ohio incident tracking and monitoring system and ensure a prevention plan to address causes and contributing factors is implemented.

(H) Notification requirements for major unusual incidents

(1) A provider will make notifications when a major unusual incident or discovery of a major unusual incident occurs when such provider has responsibility for the individual.

(a) The provider will notify, as applicable:

(i) Guardian or other person whom the individual has identified.

(ii) Service and support administrator serving the individual.

(iii) Other providers of services as necessary to ensure continuity of care and support for the individual.

(iv) Staff or family living at the individual's residence who have responsibility for the individual's care.

(b) The provider will make notification on the same day the major unusual incident or discovery of the major unusual incident occurs.

(d) The provider will document all notifications or efforts to notify.

(e) The provider will not make notification:

(i) If the person to be notified is the primary person involved, the spouse of the primary person involved, or the significant other of the primary person involved; or

(ii) When such notification could jeopardize the health and welfare of an individual.

(f) Notification to a person is not required when the report comes from such person or in the case of a death when the family is already aware of the death.

(2) Staff of an agency provider will inform the director of operations or administrator of the agency provider within one working day following the day staff become aware of a potential or determined major unusual incident involving misappropriation, neglect, physical abuse, or sexual abuse.

(3) The county board will ensure notifications required by paragraph (H)(1) of this rule have been made.

(4) In any case where law enforcement is conducting an investigation or pursuing charges related to an alleged criminal act, the department may provide notification of the major unusual incident to any other provider or county board for whom the developmental disabilities employee involved works, for the purpose of ensuring the health and welfare of any at-risk individual. The notified provider or county board will take such steps necessary to address the health and welfare needs of any at-risk individual and may consult the department in this regard. The department will inform any notified entity as to whether the major unusual incident is substantiated. Providers or county boards employing the developmental disabilities employee involved will notify the department when they are aware that the developmental disabilities employee works for another provider.

(I) General requirements for administrative investigation and administrative review

(1) All major unusual incidents in category A or category B require an administrative investigation meeting the applicable administrative investigation procedure in appendix A or appendix B to this rule. Administrative investigations will be conducted and reviewed by investigative agents. An investigative agent will initiate an administrative investigation no later than twenty-four hours following submission of the incident report for a major unusual incident in category A and no later than three working days following submission of the incident report for a major unusual incident in category B. If, however, law enforcement or a public children services agency has opened an investigation and asks the investigative agent to postpone initiating an investigation, the investigative agent may do so for the time period mutually agreed upon. "Initiate an administrative investigation" means any of the following:

(a) Interviewing the reporter of the incident.

(b) Gathering relevant documents such as nursing notes, progress notes, or incident report.

(c) Notifying law enforcement when there is reason to believe a criminal act has occurred or the public children services agency when there is an allegation of abuse or neglect of an individual under the age of twenty-one and documenting the date, time, and name of the person notified.

(d) Initiating interviews with witnesses or victims.

(2) All major unusual incidents in category C require an administrative review using the applicable administrative review form in appendix C, appendix D, or appendix E to this rule. The applicable administrative review form will be submitted by an individual's provider and completed by an investigative agent in collaboration with the individual's team. An investigative agent will initiate an administrative review no later than three working days following submission of the administrative review form. The investigative agent will ensure the major unusual incident was properly coded, resolve any outstanding questions or concerns with the individual's provider and/or the individual's team, identify the causes and contributing factors to the incident, and address the prevention plan.

(3) Based on the facts discovered during administrative investigation or administrative review of the major unusual incident, the category may change or additional categories may be added to the record. If a major unusual incident changes category, the reason for the change will be documented and the new applicable category procedure will be followed.

(4) Major unusual incidents that involve an active criminal investigation may be closed as soon as the county board ensures the major unusual incident is properly coded, the history of the primary person involved has been reviewed, causes and contributing factors are determined, a finding is made, and a prevention plan is implemented. Information needed for closure of the major unusual incident may be obtained from the criminal investigation.

(5) Staff of county boards or agency providers may assist the investigative agent by gathering documents, entering information in the Ohio incident tracking and monitoring system, fulfilling category C administrative review requirements, or performing other administrative or clerical duties that are not specific to the investigative agent role.

(6) Except when law enforcement or the public children services agency is conducting the investigation, the investigative agent will conduct all interviews for major unusual incidents in category A or category B. For a major unusual incident occurring at an intermediate care facility for individuals with intellectual disabilities, the investigative agent may utilize interviews conducted by the intermediate care facility for individuals with intellectual disabilities or personally conduct the interviews. If the investigative agent determines the information is reliable, the investigative agent may utilize other information received from law enforcement, the public children services agency, or providers in order to meet the requirements of this rule.

(7) When the public children services agency notifies the county board that it has declined to investigate, the county board will initiate the administrative investigation or administrative review within a reasonable amount of time based on the initial information received or obtained and consistent with the health and welfare of all at-risk individuals.

(8) An intermediate care facility for individuals with intellectual disabilities will conduct an investigation that complies with applicable federal regulations, including 42 C.F.R. 483.420 as in effect on the effective date of this rule, for any major unusual incident or unusual incident involving a resident of the facility, regardless of where the major unusual incident or unusual incident occurs. The intermediate care facility for individuals with intellectual disabilities will provide a copy of its full report of an investigation of a major unusual incident to the county board.

(9) All developmental disabilities employees will cooperate with administrative investigations and administrative reviews conducted in accordance with this rule. Providers and county boards will respond to requests for information within the time frame requested. The time frames identified will be reasonable.

(10) Except when law enforcement or the public children services agency is conducting an investigation, the investigative agent will endeavor to reach a preliminary finding regarding allegations of physical abuse or sexual abuse and notify the individual or individual's guardian and provider of the preliminary finding within fourteen working days. When it is not possible for the investigative agent to reach a preliminary finding regarding an allegation of physical abuse or sexual abuse within fourteen working days, the investigative agent will instead notify the individual or individual's guardian and provider of the status of the investigation every seven working days thereafter.

(11) The investigative agent will complete a report in the format prescribed by the department of each administrative investigation or administrative review and submit it for closure in the Ohio incident tracking and monitoring system within forty-five working days from submission of the incident report unless the county board requests and the department grants an extension for good cause. If an extension is granted, the department may require submission of interim reports and may identify alternative actions to assist with the timely conclusion of the report.

(J) Department-directed administrative investigations of major unusual incidents

(1) The department will conduct the administrative investigation or administrative review when the major unusual incident includes an allegation against:

(a) The superintendent of a county board or developmental center;

(b) The executive director or equivalent of a regional council of governments;

(c) A management employee who reports directly to the superintendent of the county board, the superintendent of a developmental center, or executive director or equivalent of a regional council of governments;

(d) An investigative agent;

(e) A service and support administrator;

(f) A major unusual incident contact or designee employed by a county board;

(g) A current member of a county board;

(h) A person having a relationship with any of the persons specified in paragraphs (J)(1)(a) to (J)(1)(g) of this rule when such relationship may present a conflict of interest or the appearance of a conflict of interest; or

(i) An employee of a county board or a developmental center when it is alleged that the employee is responsible for an individual's death, has committed sexual abuse, engaged in prohibited sexual relations, or committed physical abuse or neglect resulting in emergency room treatment or hospital admission.

(2) The department may conduct an administrative investigation or administrative review of any major unusual incident or request that an administrative investigation or administrative review be conducted by another county board, a regional council of governments, or any other governmental entity authorized to conduct an investigation.

(K) Written summaries of major unusual incidents in category A or category B

(1) No later than five working days following the county board's, developmental center's, or department's recommendation for closure in the Ohio incident tracking and monitoring system, the county board, developmental center, or department, as applicable, will provide a written summary of the administrative investigation of each category A or category B major unusual incident, including the allegations, the facts and findings, whether the major unusual incident was substantiated or unsubstantiated, and the prevention plan implemented in response to the major unusual incident to:

(a) The individual, individual's guardian, or other person whom the individual has identified, as applicable. In the case of a peer-to-peer act, both individuals, individuals' guardians, or other persons whom the individuals have identified, as applicable, will receive a written summary.

(b) The residential provider and provider at the time of the major unusual incident.

(2) In the case of an individual's death, the written summary will be provided to the individual's family only upon request by the individual's family.

(3) The written summary will not be provided to the primary person involved, the spouse of the primary person involved, or the significant other of the primary person involved.

(4) When the primary person involved is a developmental disabilities employee or a guardian, the county board will, no later than five working days following recommendation for closure in the Ohio incident tracking and monitoring system, provide written notice to the primary person involved as to whether the major unusual incident was substantiated, unsubstantiated/insufficient evidence, or unsubstantiated/unfounded.

(L) Disputing the findings of a written summary

(1) An individual, individual's guardian, other person whom the individual has identified, or provider (except when the primary person involved is the independent provider or the owner, director of operations, or administrator of the agency provider) may dispute the findings of a written summary of an administrative investigation described in paragraph (K)(1) of this rule by submitting a letter of dispute and supporting documentation to the county board superintendent, or to the director of the department if the department conducted the administrative investigation, within fifteen calendar days following receipt of the findings.

(2) The superintendent of the county board or the superintendent's designee or the director of the department or the director's designee, as applicable, will consider the letter of dispute, the supporting documentation, and any other relevant information and issue a determination within thirty calendar days of such submission and take action consistent with such determination, including confirming or modifying the findings or directing that more information be gathered and the findings be reconsidered.

(3) In cases where the letter of dispute has been filed with the county board, the disputant may dispute the final findings made by the county board by filing those findings and any documentation contesting such findings as are disputed with the director of the department within fifteen calendar days of the county board determination. The director of the department will issue a decision within thirty calendar days.

(M) Review, prevention, and closure of major unusual incidents

(1) Agency providers will implement a written procedure for the internal review of all major unusual incidents and are responsible for taking all reasonable measures necessary to prevent the recurrence of major unusual incidents.

(2) Members of an individual's team will ensure risks associated with major unusual incidents are addressed in the individual service plan of each individual affected and collaborate on the development of a prevention plan to address the causes and contributing factors to the major unusual incident. The team members will jointly determine what constitutes reasonable measures necessary to prevent the recurrence of major unusual incidents.

(3) The department will review and close the following major unusual incidents:

(a) Attempted suicide;

(b) Death other than unexplained or unanticipated death;

(d) Exploitation;

(e) Failure to report;

(f) Medical emergency;

(g) Misappropriation;

(h) Neglect;

(i) Physical abuse;

(j) Prohibited sexual relations;

(k) Sexual abuse;

(l) Significant injury when cause is unknown;

(m) Unexplained or unanticipated death;

(n) Any major unusual incident that is the subject of a director's alert; and

(o) Any major unusual incident investigated by the department.

(4) The county board will review and close the following major unusual incidents:

(a) Law enforcement;

(b) Missing individual;

(d) Rights code violation;

(e) Significant injury when cause is known;

(f) Unanticipated hospitalization; and

(g) Unapproved behavioral support.

(5) The department may review any major unusual incident to ensure it has been properly closed and will conduct sample reviews to ensure proper closure by the county board. The department may reopen any administrative investigation or administrative review that does not meet the requirements of this rule.

(6) The department and the county board will consider the following criteria when determining whether to close a major unusual incident:

(a) Whether sufficient reasonable measures have been taken to ensure the health and welfare of any at-risk individual;

(b) Whether a thorough administrative investigation or administrative review has been conducted consistent with the standards set forth in this rule;

(c) Whether the team, including the county board and provider, collaborated on developing a prevention plan to address the causes and contributing factors;

(d) Whether the county board has ensured the prevention plan was implemented to prevent recurrence;

(e) Whether the incident is part of a pattern or trend as flagged through the Ohio incident tracking and monitoring system requiring some additional action; and

(f) Whether all requirements set forth in statute or rule have been satisfied.

(N) Analysis of major unusual incident trends and patterns

(1) An agency provider will conduct, for each county in which the agency provider delivered services, an in-depth review and analysis of trends and patterns of major unusual incidents occurring during the preceding calendar year and compile an annual report which contains:

(a) Date of review;

(b) Name of person completing review;

(d) Comparison of data for previous three years;

(e) Explanation of data;

(f) Data for review by major unusual incident category type;

(g) Specific individuals involved in established trends and patterns (i.e., five major unusual incidents of any kind within six months, ten major unusual incidents of any kind within a year, or other pattern identified by the individual's team);

(h) Specific trends by residence, region, or program;

(i) Previously identified trends and patterns; and

(j) Action plans and prevention plans implemented to address noted trends and patterns.

(2) An agency provider other than a county board will send the annual report to the county board for all programs operated in the county by February twenty-eighth of each year. The county board will review the annual report to ensure all issues have been reasonably addressed to prevent recurrence of major unusual incidents. The county board will keep the annual report on file and make it available to the department upon request.

(3) A county board that provides specialized services will send the annual report to the department for all programs operated by the county board by February twenty-eighth of each year. The department will review the annual report to ensure all issues have been reasonably addressed to prevent recurrence of major unusual incidents.

(4) Each county board or as applicable, each council of governments to which county boards belong, will have a committee that reviews trends and patterns of major unusual incidents. The committee will be made up of a reasonable representation of the county board(s), providers, individuals who receive services and their families, and other stakeholders deemed appropriate by the committee.

(a) The role of the committee is to review and share the county board or council of governments aggregate data prepared by the county board or council of governments to identify trends, patterns, or areas for improving the quality of life for individuals served in the county or counties.

(b) The committee will meet each March to review and analyze data for the preceding calendar year. The county board or council of governments will send the aggregate data prepared for the meeting to all participants at least ten calendar days in advance of the meeting.

(c) The county board or council of governments will record and maintain minutes of each meeting, distribute the minutes to members of the committee, and make the minutes available to any person upon request.

(d) The county board will ensure follow-up actions identified by the committee have been implemented.

(5) The department will prepare a report on trends and patterns identified through the process of reviewing major unusual incidents. The department will periodically, but at least semi-annually, review this report with a committee appointed by the director of the department which will consist of at least six members who represent various stakeholder groups, including disability rights Ohio and the Ohio department of medicaid. The committee will make recommendations to the department regarding whether appropriate actions to ensure the health and welfare of individuals served have been taken. The committee may request that the department obtain additional information necessary to make recommendations.

(O) Requirements for unusual incidents

(1) Unusual incidents will be reported and investigated by the provider.

(2) Each agency provider will:

(a) Develop and implement a written unusual incident policy and procedure that:

(i) Identifies what is to be reported as an unusual incident which will include unusual incidents as defined in this rule;

(ii) Requires an employee who becomes aware of an unusual incident to report it to the person designated by the agency provider who can initiate proper action;

(iii) Requires the report to be made no later than twenty-four hours following the occurrence of the unusual incident; and

(iv) Requires the agency provider to investigate unusual incidents, identify the causes and contributing factors when applicable, and develop a prevention plan to protect the health and welfare of any at-risk individuals.

(b) Ensure all staff are trained and knowledgeable regarding the unusual incident policy and procedure.

(3) The provider delivering services when an unusual incident occurs will notify other providers of services as necessary to ensure continuity of care and support for the individual.

(4) Each independent provider will complete an unusual incident report, notify the individual's guardian or other person whom the individual has identified, as applicable, and forward the unusual incident report to the service and support administrator or county board designee on the first working day following the day the unusual incident is discovered.

(5) Each provider will maintain a log of all unusual incidents. The log will contain only unusual incidents as defined in paragraph (C)(27) of this rule and will include, but is not limited to, the name of the individual, a brief description of the unusual incident, any injuries, date, time, location, causes and contributing factors, and prevention plan.

(6) Each provider will review its log of all unusual incidents as necessary, but no less than monthly, to ensure appropriate prevention plans have been implemented and identified trends and patterns have been addressed as appropriate. When no unusual incidents occur during a calendar month, the provider will make a notation to that effect on its log of unusual incidents.

(7) Members of an individual's team will ensure risks associated with unusual incidents are addressed in the individual service plan of each individual affected. When the unusual incident involves a hospital stay, the provider and the individual's team will review what preceded the hospital stay and consider what could have been done differently to prevent the hospital stay.

(8) A provider will, upon request by the department or a county board, provide any and all information and documentation regarding an unusual incident and investigation of the unusual incident as well as unusual incident reports, documentation of identified trends and patterns, and the prevention plan.

(P) Oversight

(1) The department will conduct reviews of county boards and providers as necessary to ensure the health and welfare of individuals and compliance with this rule. Failure to comply with this rule may be considered by the department in any regulatory capacity, including certification, licensure, and accreditation.

(2) The department will review and take any action appropriate when a complaint is received about how an administrative investigation or administrative review is conducted.

(Q) Access to records

(1) Reports made under section 5123.61 of the Revised Code and this rule are not public records as defined in section 149.43 of the Revised Code. Records may be provided to parties authorized to receive them in accordance with sections 5123.613 and 5126.044 of the Revised Code, to any governmental entity authorized to investigate the circumstances of the alleged abuse, neglect, misappropriation, or exploitation, and to any party to the extent that release of a record is necessary for the health or welfare of an individual.

(2) A county board or the department will not review, copy, or include in any report required by this rule a provider's personnel records that are confidential under state or federal statutes or rules, including medical and insurance records, workers' compensation records, employment eligibility verification (I-9) forms, and social security numbers. A provider will redact any confidential information contained in a record before copies are provided to the county board or the department. A provider will make all other records available upon request by a county board or the department. A provider will provide confidential information, including the date of birth and social security number, when requested by the department as part of the abuser registry process in accordance with rule 5123-17-03 of the Administrative Code.

(3) Any party entitled to receive a report required by this rule may waive receipt of the report. A party waiving receipt of a report will do so in writing.

(R) Training

(1) Agency providers and county boards will ensure:

(a) Staff employed in direct services positions are trained on the requirements of this rule prior to direct contact with any individual. Thereafter, staff employed in direct services positions will receive annual training on the requirements of this rule, including a review of health and welfare alerts issued by the department since the previous year's training.

(b) Staff employed in positions other than direct services positions are trained on the requirements of this rule no later than ninety calendar days following the date of hire. Thereafter, staff employed in positions other than direct services positions will receive annual training on the requirements of this rule, including a review of health and welfare alerts issued by the department since the previous year's training.

(c) Board members are trained on the requirements of this rule no later than ninety calendar days following the date of appointment to the board.

(2) Independent providers will be trained on the requirements of this rule prior to application for initial certification in accordance with rule 5123-2-09 of the Administrative Code. Thereafter, independent providers will receive annual training on the requirements of this rule, including a review of health and welfare alerts issued by the department since the previous year's training.

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Last updated July 24, 2025 at 10:41 PM

History

Effective: July 1, 2025
Promulgated Under: 119.03

Chapter 5180-32 School Child Program

Ohio Adm.Code 5180-32-03 Staff obligations and ratios.

(A) Staff/child ratios will be at least one staff member caring for eighteen school children who are five years old, but less than eleven years old; or at least one staff member caring for every twenty school children who are eleven years old, but less than fifteen years old.

(B) The maximum group size will not exceed twice the maximum number of children allowed per staff member as obligated in paragraph (A) of this rule. When there is a combination of ages within a group of school children, the age of the youngest school child will determine the maximum number of children per staff member. There may be multiple groups at one site.

(C) When one to eighteen children are in attendance, one staff member or responsible individual who is at least eighteen years of age will be in attendance and, at a minimum, at least one other responsible individual will be accessible in the building in which the program is located. At least two staff members will be present on field trips including seven or more participating children.

(D) At a minimum, one administrator will be present on site at least fifty per cent of the operating hours of the school child program.

(E) Staff/child ratios established in this rule will be maintained for each program site.

(F) Staff members will at all times accompany and supervise children at swimming sites including, but not limited to, public or private swimming pools. Swimming sites not on the same premises as the program will be approved and supervised by local authorities. Activities in bodies of water eighteen inches in depth will be supervised by persons who are currently certified as lifeguards or water safety instructors by the American red cross, YMCA, or an equivalent water safety program. Swimming in lakes, rivers, or ponds is unallowable.

(G) The program will provide enough staff members to meet the ratio obligations at all times during swimming and water play activities.

(H) The file for any individuals used to meet ratio or left alone with a child is to include, at a minimum:

(1) A current profile in the Ohio professional registry (OPR);

(2) Evidence they are at least eighteen years old;

(3) A high school diploma or equivalency;

(4) Orientation training as prescribed by the department, completed within thirty calendar days of the staff member's start date;

(5) Program policies and procedures orientation training completed prior to or within seven calendar days of the first scheduled date of attendance on the job, except that the discipline policy and procedures will be reviewed before working with children;

(6) In-service hours as set forth in section 3301.54 of the Revised Code and then annually as follows:

(a) If the individual works twenty nine hours or less a week then 2.5 hours of in-service is to be completed; or

(b) If the individual works thirty hours or more a week, then five hours of in-service is to be completed;

(7) A medical statement signed by a licensed physician assistant, advanced practice registered nurse, or a certified nurse practitioner that documents that they are free of communicable disease and fit to work with children. The documentation should be dated on or before the first day of employment; not more than twelve months prior to employment and up to thirty days after employment;

(8) Evidence of criminal record checks and five-year updates that meets the following:

(a) The obligations as prescribed in section 3301.541 of the Revised Code and, if applicable, rehabilitation criteria as described in rules 3301-20-01 and 3301-20-03 of the Administrative Code.

(b) The background check obligations as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care and Development Block Grant Act of 2014, P.L. 113-186 (11/19/2014), 128 Stat. 1971 (2014), 42 USC 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services;

(9) Documentation of current age appropriate first aid, age appropriate CPR, recognition and prevention of communicable disease and child abuse recognition reporting and prevention training in accordance with rule 5101:2-12-10 of the Administrative Code; and

(10) If authorized to administer medication, documentation of medication administrating training in accordance with section 3313.713 of the Revised Code.

(I) In-service training hours may be accumulated through post-secondary coursework, seminars, workshops, conferences, structured observation of other programs, topic specific staff meetings, and orientation training obligated in this rule. Electronic media resource trainings, and self-study may be used for the child-care staff member's in-service training.

(J) In-service training is to be in one of the following areas: child development or early childhood education, Ohio approved professional development training, or health and safety.

(K) Documentation of completed in-service training will include date, place, topic, program coordinator's and presenter's signatures, or in the case of self-study, the title, author/producer, and annotated bibliography of the self-study course in lieu of the presenter's signature.

(L) In-service training hours accumulated through post-secondary coursework, seminars, workshops, and conferences on topics other than first-aid, child abuse, and management of communicable disease, will be provided by an approved trainer who will have at least two years of experience specific to the subject area and possesses one of the following:

(1) An associate or higher degree in child development, education, home economics, nursing, nutrition, psychology, dental hygiene, social work, or other related fields. Evidence of an associate or higher degree will be a copy of a diploma, a transcript, or other written evidence of completion of at least ninety quarter credit hours or sixty semester credit hours from an accredited college, university, or technical college.

(2) A currently valid child development associate credential issued by the council for professional recognition (www.cdacouncil.org).

(M) Each staff member will have current valid age appropriate first aid, age appropriate CPR, child abuse recognition and prevention, and management of communicable disease certification in accordance with rule 5101:2-12-10 of the Administrative Code. A staff member with current valid age appropriate first aid and age appropriate CPR training will be readily available during field trips.

In-service training on age appropriate first aid, age appropriate CPR, child abuse recognition and prevention, and management of communicable disease will be updated according to the length of time obligated by the approved organization,

Last updated January 23, 2026 at 4:37 PM

History

Effective: January 2, 2025
Promulgated Under: 119.03

Chapter 5180-37 Child Day-Care Programs

Ohio Adm.Code 5180-37-04 Staff.

(A) All preschool staff members shall be recruited, employed, assigned, evaluated, and provided in-service education in accordance with adopted governing board policies and without discrimination on the basis of age, color, national origin, race, sex, or handicap.

(B) All preschool staff members assigned in each preschool class shall be of good character, possess adequate physical and emotional health, be equipped by education, training, and/or experience for the work they are to perform, and meet the requirements as prescribed in division (B) of section 3301.54 of the Revised Code.

(C) The director shall be onsite at the preschool program at least half of the program's operating hours and responsible for the following:

(1) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school community health resources for children as evidenced by, but not limited to, the following:

(a) Requiring immunizations and compliance with emergency medical authorization requirements under section 3313.712 of the Revised Code;

(b) Providing procedures for emergency situations, including fire drills, rapid dismissals, tornado drills, and school safety drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals;

(c) Posting emergency procedures in preschool rooms and making them available to school personnel, children, and parents;

(d) Posting emergency numbers by each telephone;

(e) Supervising grounds, play areas, and other facilities when scheduled for use by children; and

(f) Providing first-aid facilities and materials.

(2) Maintaining cumulative records for each child;

(3) Supervising each child's admission, placement, and withdrawal according to established procedures;

(4) Preparing a roster of children enrolled annually;

(5) Ensuring that clerical and custodial services are provided for the program;

(6) Supervising the instructional program and daily operation of the program; and

(7) Supervising preschool staff members.

(D) The director of the preschool program shall:

(1) Hold a valid educator license designated as appropriate for teaching or being an administrator in a preschool setting issued pursuant to section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college;

(2) Meet the appropriate qualifications pursuant to section 3301.54 of the Revised Code; and

(3) Be responsible for the duties outlined in section 3301.56 of the Revised Code.

(4) A director employed to direct a program operated by an eligible, nontax-supported, nonpublic school shall be considered to meet the requirements of this rule if they hold a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.

(E) The director is responsible for completing training on relevant state and federal licensing rules as prescribed by the department.

(F) Each class/group in a preschool program shall have assigned a lead teacher in accordance with the following:

(1) A public school preschool general education class as defined in rule 3301-51-11 of the Administrative Code shall have a lead teacher that meets one of the following during instructional time:

(a) Valid prekindergarten teaching certificate issued under section 3319.22 of the Revised Code; or

(b) Valid prekindergarten associate license issued under section 3319.22 of the Revised Code; or

(c) Valid kindergarten-primary certificate issued under section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college; or

(d) A bachelor's degree in child development or early childhood education earned from an accredited college or university with a minimum of thirty quarter or twenty semester hours in child development/preschool program planning and methods including a supervised practicum with preschool children; or

(e) An early childhood license pursuant to section 3319.22 of the Revised Code.

(f) The lead teacher cannot serve as the intervention specialist of record for children with a disability.

(2) A public school preschool special education class as defined in rule 3301-51-11 of the Administrative Code, operated by a public school or a county board of developmental disabilities shall have an intervention specialist classroom teacher that meets one of the following during instructional time:

(a) A valid license or education of the handicapped certificate with an endorsement in pre-kindergarten special needs or early education of the handicapped issued pursuant to section 3319.22 of the Revised Code;

(b) A valid early childhood intervention or primary intervention specialist license issued pursuant to section 3319.22 of the Revised Code;

(c) A valid supplemental or intervention teaching license in the area of pre-kindergarten special needs, early childhood intervention specialist, or intervention specialist in the areas of visually impaired or hearing impaired, if the children are visually impaired or hearing impaired; or

(d) A valid K-12 intervention specialist license issued pursuant to section 3319.22 or 3319.26 of the Revised Code and meets one qualification of a general education preschool lead teacher.

(3) A preschool program operated by an eligible nontax-supported, nonpublic school, shall have a lead teacher who is at least eighteen years of age who has a high school diploma or certification of high school equivalency issued by the state board of education or comparable agency or holds a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.

(G) Any individual who may have an assigned schedule with a preschool child (or group) or may be used to count in the ratio is obligated to have the following on file:

(1) Evidence that they are at least eighteen years of age or meet the requirements of section 3301.54 of the Revised Code;

(2) A high school diploma, GED or high school equivalency or applicable certification/licensure;

(3) Orientation training as prescribed by the department, completed within thirty days of the individual's start date;

(4) A signed non-guilty non-conviction statement on a prescribed form that is signed annually;

(5) A criminal record check that meets the following:

(a) The requirements as prescribed in section 3301.541 of the Revised Code and if applicable, rehabilitation criteria as described in rules 3301-20-01 and 3301-20-03 of the Administrative Code; or

(b) The background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care and Development Block Grant Act of 2014, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs; and

(6) A medical statement signed by a licensed physician assistant, advanced practice registered nurse, or a certified nurse practitioner that documents that they are free of communicable disease and fit to work with children dated on or before the first day of employment.

(H) Annual in-service training for preschool staff members is to be in one or more of the following areas:

(1) Child development or early childhood education;

(2) Ohio approved professional development training; or

(3) Health and safety.

(4) Annual refers to the school year, from July first to June thirtieth, or every twelve months from the date of hire for staff employed after the school year begins.

(I) It is the program's responsibility to ensure the following:

(1) Each staff member has completed and is current with an approved course for age-appropriate first aid and CPR in accordance with rule 5101:2-12-10 of the Administrative Code.

(2) A person who has completed and is current with an approved course to recognize the common signs of communicable disease or other illness will observe each child daily as they enter the group and be readily available at all times.

(3) In each building, to have readily available at all times at least one preschool staff member who has completed and is current with a child abuse recognition and prevention course based on an approved curriculum. The child abuse recognition and prevention curriculum used in the course may be consistent with requirements as established by section 3319.073 of the Revised Code or appear on the approved curriculum list posted on the department's website. Consistent with requirements as established by section 3319.073 of the Revised Code, such staff shall complete at least four hours of in-service training in child abuse recognition and prevention within two years of employment and every five years thereafter.

(4) Each class/group in a preschool program is to have at least one assigned lead teacher who meets the applicable requirements.

(J) Substitutes shall meet the following requirements:

(1) Evidence that they are at least eighteen years of age.

(2) Have at least a high school diploma or certification of high school equivalency issued by the state board of education or comparable agency.

(3) A medical statement signed by a licensed physician, physician's assistant, advanced practice registered nurse, or certified nurse practitioner that documents they are free of communicable disease and fit to work with children.

(4) Evidence of criminal record checks and five-year updates as follows:

(a) Evidence that meets the requirements as prescribed in section 3301.541 of the Revised Code and if applicable, rehabilitation criteria as described in rules 3301-20-01 and 3301-20-03 of the Administrative Code; and

(b) Evidence that meets the background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care and Development Block Grant Act of 2014, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs.

(5) Evidence on file that individuals in public school districts, county board of developmental disabilities, educational service centers and community schools have an appropriate substitute license as prescribed in section 3319.226 of the Revised Code.

(6) Evidence on file that staff listed on an IEP providing services for children with disabilities are qualified personnel as required in rule 3301-51-11 of the Administrative Code.

(7) Minimum requirements for the position for which they are substituting in accordance with section 3319.226 of the Revised Code.

(8) Orientation training as prescribed by the department, completed within thirty days of the individual's start date; and

(9) A signed non-guilty non-conviction statement on a prescribed form updated annually.

(K) Preschool staff employed part-time shall complete the in-service requirement based upon the percentage of time or full-time equivalency of their preschool assignment pursuant to section 3301.54 of the Revised Code.

(L) Preschool staff members licensed by the department shall complete ten annual clock hours, which may be part of the professional development plan in accordance with Chapter 3301-24 of the Administrative Code. Annual completion refers to the school year, from July first to June thirtieth.

(M) The training specified in paragraph (M) of this rule shall be provided by an approved trainer who shall have at least two years of experience specific to the subject area and possess one of the following:

(1) An associate or higher degree in child development or early childhood education, education, special education, speech language pathologist, home economics, nursing, nutrition, psychology, dental hygiene, or social work. Evidence of an associate or higher degree shall be a copy of a diploma, a transcript, or other written evidence accepted by the director as evidence of completion of at least ninety quarter credit hours or sixty semester credit hours from an accredited college, university, or technical college. The coursework shall include at least thirty-six quarter credit hours or twenty-four semester credit hours in courses in any of the subject areas listed in paragraph (J) of this rule; or

(2) A prekindergarten certificate or endorsement or early childhood license issued by the state board of education; or

(3) A license as a physician or registered nurse.

(N) A director and preschool staff member shall provide evidence of criminal record checks and five-year updates that meet:

(1) The requirements as prescribed in section 3301.541 of the Revised Code and if applicable, rehabilitation criteria as described in rules 3301-20-01 and 3301-20-03 of the Administrative Code; or

(2) The background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care and Development Block Grant Act of 2014, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs. Documentation that reports and five-year updates are sent to the district or the department's office of educator licensure as required by section 3319.391 of the Revised Code shall be kept on file.

(O) The preschool staff member/child ratio must be maintained at all times.

(1) Sufficient individuals must always be physically present with the children to meet staff member/child ratio requirements in accordance with section 3301.56 of the Revised Code.

(2) No child shall ever be left alone or unsupervised.

(3) In each program the maximum number of children per preschool staff member and the maximum group size by age category of children shall be as follows:

(a) General education and co-taught classrooms

AgeGroup	Staff Member/ChildRatio	Maximum GroupSize
Birth to less than12 months	1:5 or 2:12 if twopreschool staff members are in the room	12
12months to less than 18 months	1:6	12
18months to less than 30 months	1:7	14
30months to less than 3 years	1:8	16
3years	1:12	24
4 year olds and 5 year olds not in kindergarten orschool	1:14	28

(b) Special education classrooms

AgeGroup	Staff Member/ChildRatio	Maximum GroupSize
3 year old, 4 yearold and 5 year old children not in kindergarten or school	In accordance with section 3323.022 of the RevisedCode	15 children (max of 8 childrenwith a disability)

AgeGroup	Staff Member/ChildRatio	Maximum GroupSize
3 year old, 4 yearold and 5 year old children not in kindergarten or school	In accordance with section 3323.022 of the RevisedCode	16 children (max of 8 childrenwith a disability)

(4) Preschool special education programs shall meet the child/staff ratio requirements of section 3323.022 of the Revised Code and rule 3301-51-11 of the Administrative Code.

(5) An intervention specialist classroom teacher will have a caseload of no more than eight preschool children with disabilities in any one class session. If a teacher is responsible for two half-day class sessions, no more than sixteen children with disabilities will be served by the teacher.

(P) Volunteers may be counted in the staff/child ratio if a BCII investigation is kept on file; however, a program shall ensure that such practice does not become routine.

(Q) A second adult shall be readily available at all times when seven or more children are present in the program. The second adult shall:

(1) Be available within the building used for the preschool program or in an adjacent outdoor area;

(2) Be able to be summoned by the preschool staff member without leaving the group alone or unsupervised;

(3) Be able to react in response to such summons so as to reduce risk to children during an emergency circumstance;

(4) Meet background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care Development Block Grant Act of 2014 (42 USC 9858) for programs contracted to provide publicly funded childcare services and department licensed head start programs.

(R) When age groups are combined for programming purposes the following requirements must be met:

(1) When age groups are combined, the maximum number of children per preschool staff member shall be determined by the age of the youngest child in the group, except that when no more than one child, thirty months of age or older, receives care in a group in which all the other children are in the next older age group, the maximum number of children per preschool staff member and maximum group size requirements of the older age group established in this rule shall apply.

(2) Any accredited program that uses the Montessori method endorsed by the American Montessori society (www.amshq.org) or the association Montessori internationale (www.montessori-ami.org) as its primary method of instruction may combine preschool children of ages three to five years of age with children enrolled in kindergarten. Notwithstanding anything to the contrary in division (B)(2) of section 3301.56 of the Revised Code, when such age groups are combined, the maximum number of children per preschool staff member shall be twelve and the maximum group size shall be twenty-four children.

(3) Preschool and school age groups may be combined at the beginning of the day or at the end of the day, when the total is twelve or fewer children.

(S) In a room where children are napping or resting, if all children are at least eighteen months of age, the maximum number of children per preschool staff member shall, for a period not to exceed one and one-half hours in any twenty-four-hour day, be twice the maximum number of children per preschool staff member established in paragraph (N) of this rule if all the following criteria are met:

(1) At least one preschool staff member shall be physically present in the room at all times during nap/rest time;

(2) The preschool staff member(s) assigned to a room where children are napping shall be responsible for the care and supervision of the children in the room and shall be able to summon other child-care staff members without leaving the room;

(3) There shall be enough preschool staff members readily accessible within the building in which the program is located to ensure that the maximum number of children per preschool staff member as required by paragraph (N) of this rule is met at all times; and

(4) Nap/rest-time preparation shall have been completed and all napping children shall be resting or sleeping on cots or mats.

Last updated January 23, 2026 at 4:56 PM

History

Effective: July 1, 2021
Promulgated Under: 119.03

Chapter 5180-50 Infant Mortality Scorecard

Ohio Adm.Code 5180-50-01 Identification of urban and rural communities having higher infant mortality rates.

(A) For the purposes of this rule, infant mortality is defined as the death of a live-born baby before his or her first birthday. Infant mortality rates presented by the Ohio department of health are calculated using the number of infant deaths in a specific year as the numerator and the number of live births within that same year as the denominator.

(B) Urban and rural communities will be identified and reported on the Ohio department of health scorecard as described in section 3701.953 of the Revised Code ("Infant Mortality Scorecard.")

Last updated January 23, 2026 at 10:46 PM

History

Effective: November 18, 2018
Promulgated Under: 119.03

Chapter 5180-66 Pregnancy Associated Mortality Review

Ohio Adm.Code 5180-66-01 Pregnancy-associated mortality review definitions.

(A) "Chance to Alter Outcome" means the review committee determination whether there was no chance, some chance, or a good chance of the death being averted by one or more reasonable changes to patient, family, community, provider, and / or systems factors.

(B) "Contributing Factor" means other factors beyond the cause and manner of death that may be partly responsible for the woman's death.

(C) "Department or director" means the director of the Ohio department of health or any official or employee of the department designated by the director of the Ohio department of health.

(D) "Pregnancy-associated mortality review (PAMR) Board" means the board established or appointed to review deaths of women, residing in Ohio, while pregnant, or anytime within one year of pregnancy, for the purpose of decreasing the incidence of preventable maternal deaths.

(E) "Pregnancy-associated death" means the death of a woman while pregnant or anytime within one year of pregnancy regardless of cause.

(F) "Pregnancy-related death" means the death of a woman while pregnant or within one year of the end of pregnancy, regardless of duration and physiological site of pregnancy, from any cause related to or aggravated by her pregnancy or its management.

(G) "Pregnancy-associated, but not related death" means the death of a woman while pregnant or within one year of the end of pregnancy, due to a cause unrelated to pregnancy.

(H) "Pregnancy-associated, but unable to determine pregnancy relatedness" means the death of a woman while pregnant or within one year of pregnancy, due to a cause that could not be determined to be pregnancy-related or not pregnancy-related.

(I) "Pregnancy-associated mortality ratio (PMR)" means the number of pregnancy-associated deaths per one hundred thousand live births.

(J) "Pregnancy-related mortality ratio (PRMR)" means the number of pregnancy-related deaths per one hundred thousand live births.

(K) "Pregnancy-associated, but not related, mortality ratio" means the number of pregnancy-associated deaths, that were not pregnancy-related, per one hundred thousand live births.

(L) "Preventable" means the degree to which an individual or community could have reasonably done something that would have changed the circumstances that led to the woman's death.

(M) "Public record" means any record defined in division (A)(1) of section 149.43 of the Revised Code.

(N) "Review" means a general assessment or examination of the death of a woman while pregnant, or anytime within one year of pregnancy. The review shall at least consider the cause of death; manner of death; circumstance of death; contributing factors; age; race and ethnicity; and geographic location of death.

Last updated January 24, 2026 at 5:17 AM

History

Effective: October 25, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5180-66-02 Confidentiality.

All records, documents, reports, or other information presented to the PAMR board, all statements made by board members during board meetings, all work products of the board, and data submitted to the department of health by the board, other than the biennial reports described in section 3738.08 of the Revised Code are confidential and not a public record per section 3738.06 of the Revised Code.

Last updated January 23, 2026 at 10:46 PM

History

Effective: October 25, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5180-66-03 Members.

The PAMR board shall assess current board membership for geographic and demographic representation, and areas of expertise concerned with the care of pregnant and postpartum women. Annually, the board will identify gaps or insufficient representation and draft a list of potential new members for consideration. This list shall be provided to the director of health to review and appoint new members.

Last updated January 23, 2026 at 10:46 PM

History

Effective: October 25, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5180-66-04 Review procedure.

(A) No less than four times per year, the ODH bureau of vital statistics shall provide a preliminary list of names of Ohio resident women who have died within one year of the conclusion of pregnancy to the department PAMR staff. These data will be provided to PAMR no later than one year following the year of death. This list shall include: name of the decedent, date of birth of decedent, date of death of decedent, death certificate number for decedent, birth certificate or fetal death certificates of infant(s) if available.

(B) At least annually, all vital statistics data from death, birth, and fetal death certificates shall be uploaded to the maternal mortality data system.

(C) Upon receipt of list of deaths from vital statistics, PAMR staff shall identify potential sources of medical, social service, law enforcement, coroner and other data related to the case. Staff will request records for review.

(D) Abstractors will review all records and enter case information into the maternal mortality data system. Deidentified case summaries will be produced and distributed to PAMR board members. The board shall meet no less than three times per year to review cases. A committee decision form will be completed following the review of each case. Results from the committee decision form will be entered into the maternal mortality data system.

(E) To the extent available, the board must consider the following information when conducting pregnancy-associated death reviews: age of decedent, race of decedent, ethnicity of decedent, timing of death related to pregnancy (pregnant at time of death; not pregnant, but pregnant within forty-two days of death; not pregnant, but pregnant forty-three days to one year before death), cause of death, manner of death, contributing factors, chance to alter outcome/preventability and recommendations to prevent future deaths.

Last updated January 23, 2026 at 10:46 PM

History

Effective: October 25, 2021
Promulgated Under: 119.03

Chapter 5180-74 Choose Life Fund

Ohio Adm.Code 5180-74-01 Choose life fund.

(A) For purposes of this rule:

(1) "Choose life fund" means the fund created in the state treasury pursuant to section 3701.65 of the Revised Code consisting of voluntary contributions deposited as provided in section 4503.81 of the Revised Code, investment earnings of the fund and monies returned to the fund pursuant to paragraph (F)(4) of this rule.

(2) "Director" means the director of health or his designee.

(3) "Eligible organization" means any organization that applies for funding and meets all of the requirements set forth in paragraph (B) of this rule.

(B) Organizations that wish to obtain funding from the choose life fund shall apply by June first for annual distribution of the funds using a form prescribed by the director. The form shall inform the organization of the conditions for receiving and using the funds. To be eligible, the organization must meet all of the following requirements:

(1) Is a private, nonprofit organization;

(2) Is committed to counseling pregnant women about the option of adoption;

(3) Provides services within the state of Ohio to pregnant women who are planning to place their children for adoption, including counseling and meeting the material needs of the women;

(4) Does not charge pregnant women for any services received;

(5) Is not involved or associated with any abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising;

(6) Does not discriminate in its provision of any service on the basis of race, religion, color, marital status, national origin, handicap, gender, or age;

(7) If the organization is applying for funding in a county in which it is not located, provides services for pregnant women residing in that county; and

(8) If the organization received choose life funds during the previous year, the organization shall submit with the application an audited financial statement verifying its compliance with this rule regarding the use of funds distributed to the organization during the previous year.

(C) No later than August fifteenth of each year, the director shall distribute the money in the choose life fund in accordance with paragraph (E) of this rule to any organization that applies for funding and meets the requirements set forth in paragraph (B) of this rule.

(D) The director shall not distribute funds to an organization that fails to provide verifiable evidence of compliance with all of the requirements of paragraph (B) of this rule and shall not provide additional funds to any organization that fails to comply with the requirements regarding the receipt and use of such funds as set forth in paragraph (F) or this rule.

(E) At least annually, the director of health shall distribute the money in the fund to any private, nonprofit organization that is eligible to receive funds and that applies for funding under paragraph (B) of this rule.

(F) Organizations seeking funds may apply for distribution of the funds based on the county in which the organization is located. An organization also may apply for funding in a county in which it is not located if it demonstrates that it provides services for pregnant women residing in that county.

(G) The director shall allocate the funds to each county in proportion to the number of "choose life" license plates issued during the preceding year to vehicles registered in each county. The director shall distribute funds allocated for a county as follows:

(1) To one or more eligible organizations located within the county;

(2) If no eligible organization located within the county applies for funding, to one or more eligible organizations located in contiguous counties;

(3) If no eligible organization located within the county or a contiguous county applies for funding, to one or more eligible organizations within any other county.

(H) The director shall ensure that any funds allocated for a county are distributed equally among eligible organizations that apply for funding within the county.

(I) An eligible organization receiving funds from the choose life fund shall do all of the following:

(1) Use not more than sixty per cent of the funds distributed to it for the material needs of pregnant women who are planning to place their children for adoption or for infants awaiting placement with adoptive parents, including clothing, housing, medical care, food, utilities, and transportation;

(2) Use not more than forty per cent of the funds distributed to it for counseling, training, or advertising;

(3) Not use any of the funds distributed to it for administrative expenses, legal expenses, or capital expenditures;

(4) Return to the department of health no later than July first any unused money that exceeds ten percent of the money distributed to the eligible organization during the previous year; and

(5) Submit to the director of health no later than June first an audited financial statement verifying its compliance with this rule regarding the use of funds distributed to the eligible organization the previous year. If the organization does not traditionally have an audited financial statement and to have one would create a hardship, the organization may submit replacement documentation chosen by the director of health.

(J) If funds that have been allocated to a county for any previous year have not been distributed to one or more eligible organizations, the director may distribute those funds in accordance with this rule.

Last updated January 23, 2026 at 10:46 PM

History

Effective: March 22, 2018
Promulgated Under: 119.03

Ohio Administrative Code 5180 — Department of Children and Youth

Chapter 5180-8 Help Me Grow Program

Ohio Adm.Code 5180-8-01 Definitions.

Ohio Adm.Code 5180-8-02 Home visiting program eligibility.

Ohio Adm.Code 5180-8-03 Standards and procedures for determining initial eligibility and expansion of home visiting providers.

Ohio Adm.Code 5180-8-04 Personnel and supervision requirements.

Ohio Adm.Code 5180-8-06 Quality assurance and monitoring of providers.

Ohio Adm.Code 5180-8-07 Data and maintenance of records.

Ohio Adm.Code 5180-8-08 Rights and privacy practices.

Ohio Adm.Code 5180-8-09 Criteria for reimbursement of home visiting services.

Chapter 5180-10 Early Intervention Program

Ohio Adm.Code 5180-10-01 Early intervention program - procedural safeguards.

Ohio Adm.Code 5180-10-02 Early intervention program - eligibility and services.

Ohio Adm.Code 5180-10-03 Early intervention program - system of payments.

Ohio Adm.Code 5123-4-01

Ohio Adm.Code 5180-10-04 Early intervention program - credentials for early intervention service coordinators and early intervention service coordination supervisors.

Ohio Adm.Code 5123-2-02

Ohio Adm.Code 5180-10-05 Early intervention program - developmental specialist certification.

Ohio Adm.Code 5123-17-02

Chapter 5180-32 School Child Program

Ohio Adm.Code 5180-32-03 Staff obligations and ratios.

Chapter 5180-37 Child Day-Care Programs

Ohio Adm.Code 5180-37-04 Staff.

Chapter 5180-50 Infant Mortality Scorecard

Ohio Adm.Code 5180-50-01 Identification of urban and rural communities having higher infant mortality rates.

Chapter 5180-66 Pregnancy Associated Mortality Review

Ohio Adm.Code 5180-66-01 Pregnancy-associated mortality review definitions.

Ohio Adm.Code 5180-66-02 Confidentiality.

Ohio Adm.Code 5180-66-03 Members.

Ohio Adm.Code 5180-66-04 Review procedure.

Chapter 5180-74 Choose Life Fund

Ohio Adm.Code 5180-74-01 Choose life fund.

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